Is a DUI a Criminal Offense in Minnesota?
If you’re facing a DWI (Driving While Intoxicated) charge in Minnesota, you’re likely grappling with many questions. One of the most important is whether a DWI is considered a criminal offense in the state. The answer is yes; a DUI in Minnesota is a criminal offense, but the severity of the charges can vary depending on several factors.
Key Takeaways
- Yes, a DUI is a criminal offense in Minnesota.
- The severity (misdemeanor, gross misdemeanor, felony) depends on BAC level, prior offenses, and other factors.
- You could face jail time in some cases.
To learn the details of drunk driving offenses, you should speak to a Minnesota DUI defense attorney right away. Meanwhile, this article will break down Minnesota’s DWI law, outlining the different classifications, potential criminal penalties, and the separate administrative penalties that can be imposed.
Minnesota’s DWI Law
Minnesota law on Driving While Impaired (DWI) prohibits driving under the influence of alcohol or drugs. The legal limit for blood alcohol content (BAC) is 0.08%. However, even a BAC lower than 0.08% can result in a DWI charge if law enforcement has probable cause to believe you are impaired.
Misdemeanor vs. Gross Misdemeanor vs. Felony DWI
The classification of your DWI offense will depend on your BAC level, past offenses, and any aggravating factors present during the arrest. Here’s a breakdown of the different DWI classifications in Minnesota:
Misdemeanor DWI
This is typically the charge for a first-time offense with a BAC between 0.08% and 0.16% and no aggravating factors. Penalties for misdemeanors can include jail time and administrative penalties.
Gross Misdemeanor DWI
This classification applies to repeat offenders, those with a BAC above 0.16%, or situations with aggravating factors like a child passenger or refusing a chemical test. Under the Minnesota Criminal Code, penalties for gross misdemeanors are harsher than misdemeanors.
Felony DWI
This is the most serious DWI classification and is typically reserved for repeat offenders with multiple DUIs within a ten-year period or a prior felony DWI conviction. Felony DWIs carry significant penalties, including prison sentences.
Criminal Penalties for DWI in MN
As mentioned above, the specific criminal penalties for a DWI in Minnesota depend on the offense classification. Here’s a general overview:
- Misdemeanor: Up to 90 days in jail, fines up to $1,000, and driver’s license suspension.
- Gross Misdemeanor: Up to one year in jail, fines up to $3,000, and driver’s license suspension.
- Felony: Up to seven years in prison, fines up to $14,000, and driver’s license suspension (possibly permanent).
It’s important to remember that these are just the maximum penalties. The actual sentence you receive will be determined by the judge and can be influenced by various factors, including your criminal history and the specific circumstances of your case.
Administrative Penalties for Minnesota DWIs
In addition to criminal penalties, a DWI arrest in Minnesota can also result in separate administrative penalties imposed by the Department of Public Safety (DPS). These penalties may include:
Driver’s license suspension: The length of the suspension depends on the offense classification and your prior history.
Impoundment of your vehicle: In some cases, the Minnesota Department of Public Safety may order license plate impoundment for a certain period.
Installation of an ignition interlock device (IID): This device requires you to blow into a breathalyzer before starting your motor vehicle, preventing operation if intoxicated.
Reach Out to Our Skilled Criminal Defense Lawyers
Minnesota DWI laws are complex, and the consequences of a conviction can be severe. At Gerald Miller, P.A., we have a proven track record of successfully defending DWI charges. Our attorneys will fight aggressively to protect your rights, so please get in touch with us for the legal guidance you deserve. You can call our firm at (612) 440-3677 or go online to set up a free consultation today.
FAQs About DUI Charges
Some answers to questions about DWI convictions are helpful if you were recently arrested or have a prior DWI in your history.
How long does a DUI stay on your criminal record in Minnesota?
Unlike many other offenses, a DWI conviction in Minnesota does not disappear from your criminal record after a certain period. It can appear on background checks for employment, housing, and other purposes. However, there may be options for expungement in certain situations. An experienced Minnesota DWI attorney can advise you on the specifics of your case.
What happens when you get pulled over for a DUI in MN?
If a law enforcement officer suspects you of driving under the influence in Minnesota, they may pull you over. The officer will likely conduct field sobriety tests and potentially request a breathalyzer test. If you are arrested for DWI, it’s important to remain silent and request to speak with an attorney.
In what states is DUI not a criminal offense?
There is currently no state in the United States where a DUI is not considered a criminal offense. All states have laws that criminalize driving under the influence, with varying penalties depending on the severity of the offense.
Don’t Attempt the Legal Process Alone
Contact Gerald Miller, P.A., today to speak to a team member. Our experienced Minnesota DWI defense attorneys can help you understand your rights and explore your options. You can schedule your free consultation online or call us at (612) 440-3677.
Related Content: What Is the Punishment For the First DWI in Minnesota?
