What are the different degrees of DWI DUI in Minnesota?
There are 4 different degrees of DWI/DUI in Minnesota: the first degree dwi 4th degree, 3rd degree, 2nd degree and 1st degree.
4th degree DWI/DUI is a misdemeanor, which is the lowest level. If it is your first DWI/DUI and your blood alcohol is between 0.08 and 0.15, it will be a misdemeanor 4th degree DWI/DUI. The maximum penalty for this is 90 days in jail and a fine of $1,000.
3rd Degree DWI/DUI is a gross misdemeanor. You can be charged with this if it is your second DWI/DUI in a 10 year period, or if it is your first DWI/DUI and you have some aggravation factor, like a BAC of .16 or more, or a child in the vehicle. The maximum penalty for this is 365 days in jail and a fine of $3,000.
2nd degree DWI/DUI is also a gross misdemeanor. You can be charged with this if it is your third DWI/DUI in a 10 year period, or your second DWI/DUI in a 10 year period with 1 additional aggravation factor present, or if it is your first DWI in a 10 year period with 2 aggravating factors present. The maximum penalty for this is the same as 3rd Degree DWI, but in addition your vehicle will likely be forfeited if you are charged with this.
1st degree DWI/DUI is a felony. There are only two ways that you can be charged with 1st degree DWI: if you have 3 prior DWI/DUI convictions or license revocations in the prior 10 years, or if you have previously been convicted of a felony DWI in Minnesota. The maximum penalty for this is 7 years in prison and a fine of $14,000.
If you are charged with any level of DWI/DUI, it can be a very scary situation. Not only are you facing criminal charges, but your license will also be revoked and there is a chance that your vehicle will be forfeited.
The experienced attorneys at Gerald Miller, P.A. have a wealth of experience in DWI/DUI cases. Call today to set up a free consultation and sit down with one of our attorneys to discuss the best strategy for your case.
Explore more: What Are the Different Levels of DWI in Minnesota?
