Is DWI a Felony or Misdemeanor Under Minnesota Law
In Minnesota, a DWI can be classified as either a misdemeanor or a felony, depending on the severity of the offense, prior convictions, and aggravating factors such as injury, child endangerment, or high blood alcohol levels.
With over 30 years of experience defending clients against DWI charges in Minnesota, I know that understanding the differences between misdemeanor and felony DWIs is crucial for achieving the best outcome in your case. In this guide, I’ll break down the laws, penalties, and most effective defenses to help you navigate your situation.
Understanding DWI Classifications Under Minnesota Law
Driving While Impaired (DWI), also known as DUI, is a serious offense in Minnesota. The classification of a DWI as a misdemeanor, gross misdemeanor, or felony depends on specific circumstances, including prior offenses and aggravating factors.
Misdemeanor (4th Degree DWI)
A 4th-degree DWI, the least severe, is typically charged when:
- It is the offender’s first DWI.
- No aggravating factors are present (e.g., a low blood alcohol concentration (BAC) below 0.16).
Penalties:
- Up to 90 days in jail.
- Fines up to $1,000.
- Possible license suspension or restrictions.
Gross Misdemeanor (2nd and 3rd Degree DWI)
A gross misdemeanor DWI applies when:
- The offender has one prior DWI conviction within 10 years.
- There is one or more aggravating factors, such as:
- BAC of 0.16 or higher.
- A child under 16 present in the vehicle.
- Refusal to submit to a chemical test.
Penalties:
- Up to 1 year in jail.
- Fines up to $3,000.
- Long-term license revocation or ignition interlock device requirements.
Felony DWI (1st Degree DWI)
A felony DWI is the most severe classification and applies when:
- The offender has three or more prior DWI convictions within 10 years.
- The offender has a prior felony DWI or vehicular homicide conviction.
Penalties:
- Up to 7 years in prison.
- Fines up to $14,000.
- Permanent license revocation.
Aggravating Factors That Impact DWI Classification
The presence of aggravating factors can elevate a DWI to a higher classification. These factors include:
- Prior DWI Convictions
- Repeated offenses within 10 years lead to more severe charges.
- High Blood Alcohol Content (BAC)
- A BAC of 0.16 or higher can increase charges to a gross misdemeanor.
- Child Endangerment
- Driving impaired with a child under 16 years old is a significant aggravating factor.
- Refusal to Submit to Testing
- Refusing chemical tests under Minnesota’s implied consent law results in enhanced penalties.
Penalties for DWI in Minnesota
Understanding the penalties for DWI in Minnesota is essential for anyone facing these charges. The state imposes strict consequences to deter impaired driving and ensure public safety. These penalties vary depending on the severity of the offense, the offender’s history, and the presence of aggravating factors such as high blood alcohol concentration (BAC), prior convictions, or endangerment of others.
Minnesota classifies DWIs into misdemeanors, gross misdemeanors, and felonies, with each level carrying increasingly severe penalties. In addition to jail time and fines, DWI convictions often result in administrative penalties, including license suspension, mandatory ignition interlock devices, and plate impoundment.
The table below provides a clear overview of the penalties associated with each DWI offense level in Minnesota:
| DWI Offense Level | Description | Penalties |
|---|---|---|
| Misdemeanor (4th Degree) | First-time offense, no aggravating factors. | Up to 90 days in jail; fines up to $1,000. |
| Gross Misdemeanor (3rd/2nd Degree) | Repeat offense or aggravating factors present. | Up to 1 year in jail; fines up to $3,000; long-term license revocation. |
| Felony (1st Degree) | Three or more prior DWIs or prior felony DWI conviction. | Up to 7 years in prison; fines up to $14,000; permanent license revocation. |
License Consequences for DWI Convictions
In addition to criminal penalties, Minnesota law imposes administrative penalties, including:
- License Suspension or Revocation
- A first offense results in a suspension of up to 90 days.
- Repeat offenses or aggravating factors can lead to revocations lasting up to 4 years.
- Ignition Interlock Device (IID)
- Required for certain offenders to regain driving privileges.
- IIDs require drivers to pass a breathalyzer test to start their vehicle.
- License Plate Impoundment
- Repeat or felony DWIs may result in plate impoundment or the issuance of “whiskey plates.”
Collateral Consequences of a Felony DWI Conviction
A felony DWI conviction carries life-altering consequences beyond criminal penalties:
- Employment Challenges: Many employers reject applicants with felony records.
- Increased Insurance Rates: DWI convictions significantly increase auto insurance premiums.
- Loss of Firearm Rights: Felony convictions result in a lifetime prohibition on firearm possession.
- Housing Limitations: Felony records can hinder access to housing opportunities.
Defense Strategies for DWI Charges
At Gerald Miller P.A., we utilize proven defense strategies to reduce or dismiss DWI charges, including:
- Challenging Traffic Stops
- Questioning whether law enforcement had probable cause to initiate the stop.
- Examining Test Accuracy
- Investigating the reliability of breath, blood, or urine tests.
- Arguing Procedural Errors
- Highlighting mistakes made by law enforcement during the arrest or testing process.
- Mitigating Aggravating Factors
- Presenting evidence to reduce the classification of the offense.
Call Gerald Miller P.A. Today for a Free Consultation
If you are facing DWI charges in Minnesota, the stakes are high. Protect your rights and your future by calling Gerald Miller P.A. at 612-341-9080 for a free, no-obligation consultation. With decades of experience and over 10,000 cases resolved, we are here to provide the expert legal defense you need.
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- Can a DWI Conviction Be Expunged in Minnesota?
- How Much Does a DWI Cost in Minnesota?
- Can You Keep Your License After a DUI in MN?
