A second-degree DWI in Minnesota is a gross misdemeanor under DWI Laws in Minnesota, carrying penalties like mandatory jail time, fines up to $3,000, license revocation, and vehicle forfeiture. The severity of the penalties depends on aggravating factors like prior offenses or a high blood alcohol concentration (BAC).
At Gerald Miller P.A., we’ve defended countless clients facing second-degree DWI charges in Minnesota, using strategic legal defenses to reduce or dismiss penalties. In this article, I’ll explain the laws, penalties, and defenses to help you understand your options.
What Qualifies as a Second-Degree DWI in Minnesota?
A second-degree DWI in Minnesota occurs when a driver has two or more aggravating factors such as prior DWIs, a BAC of .16 or higher, or a child under 16 in the vehicle at the time of the offense.
Key aggravating factors include:
- Two prior DWI convictions within the last 10 years.
- A BAC at or above 0.16 (double the legal limit).
- Having a minor under 16 years of age in the vehicle.
What Are the Penalties for a Second-Degree DWI in Minnesota?
The penalties for a second-degree DWI under DWI Laws in Minnesota include mandatory jail time, fines up to $3,000, license revocation for at least three years, vehicle forfeiture, and administrative sanctions like whiskey plates.
| Penalty Type | Details |
|---|---|
| Jail Time | Mandatory minimum of 90 days; some may be served on electronic monitoring. |
| Fines | Minimum $900, maximum $3,000. |
| License Revocation | At least three years. |
| Vehicle Forfeiture |
Can a Second-Degree DWI Result in License Plate Impoundment?
Yes, the Minnesota Department of Public Safety may impound the license plates of a vehicle involved in a second-degree DWI offense. Special “whiskey plates” must be used to drive legally.
License plate impoundment is a common administrative sanction for second-degree DWIs. Drivers must apply for whiskey plates, which are identifiable by their distinct white background and unique character sequences.
What Is Vehicle Forfeiture for a Second-Degree DWI?
Vehicle forfeiture occurs when the state seizes the vehicle involved in the DWI offense. This penalty is often applied if aggravating factors like repeat offenses are present.
If forfeiture is ordered, the court may auction or retain the vehicle. However, an experienced DWI attorney can sometimes negotiate alternatives, such as returning the vehicle to an innocent co-owner.
What Is the Role of BAC in Second-Degree DWI Penalties?
A BAC of .16 or higher doubles the legal limit and is an aggravating factor that can escalate penalties for a second-degree DWI.
Drivers with elevated BAC levels face harsher sentencing, including longer jail time, higher fines, and extended license revocation periods.
How Does a Second-Degree DWI Affect Employment in Minnesota?
A second-degree DWI can lead to increased insurance costs, restricted driving privileges, and challenges in professions requiring clean driving records.
Employers conducting background checks will see the conviction, potentially limiting job opportunities in certain fields, especially transportation and public safety.
Defenses Against Second-Degree DWI Charges
Common defenses against a second-degree DWI include challenging the validity of the traffic stop, accuracy of the BAC results, and procedural errors by law enforcement.
- Illegal Stop: Arguing that the police lacked reasonable suspicion to pull the vehicle over.
- Faulty Equipment: Demonstrating errors in breathalyzer or blood testing equipment.
- Violation of Rights: Highlighting any failure to read Miranda rights or improper procedures.
Steps to Take If You’re Facing a Second-Degree DWI in Minnesota
- Contact an Attorney Immediately: Engage an experienced DWI lawyer to review your case.
- Gather Evidence: Collect documentation like police reports, witness statements, and any testing records.
- Complete Any Required Programs: Enroll in a chemical dependency evaluation or treatment if applicable.
Advantages of Hiring Gerald Miller for Your Second-Degree DWI Defense
At Gerald Miller P.A., we have decades of experience defending DWI cases in Minnesota. Our proven track record in securing favorable outcomes for clients ensures that you’ll receive the best possible defense. We focus on:
- Reducing Penalties: Minimizing fines, jail time, and license revocation periods.
- Protecting Your Record: Preventing or mitigating long-term consequences.
- Personalized Defense: Tailoring strategies to the unique facts of your case.
Schedule a Free Consultation with Gerald Miller P.A. Today
Facing second-degree DWI charges under DWI Laws in Minnesota can be overwhelming, but you don’t have to go through it alone. At Gerald Miller P.A., we’re committed to fighting for your rights and achieving the best possible outcome for your case.
Call us at 612-341-9080 or schedule your free consultation online today. Let us provide the expertise and support you need during this challenging time.
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- What is the Sentence for a Juvenile Charged With Assault in Minnesota?
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FAQs About 2nd Degree DWI in MN
What is the difference between a second-degree and first-degree DWI in Minnesota?
A second-degree DWI is a gross misdemeanor, while a first-degree DWI is a felony offense with more severe penalties, including prison time and long-term license revocation.
Can you reduce a second-degree DWI to a lesser charge?
Yes, with the help of an experienced attorney, it is possible to negotiate a reduction to a third-degree DWI or even a reckless driving charge.
How long does a second-degree DWI stay on your record in Minnesota?
A second-degree DWI remains on your driving record for life, but the impact on employment and insurance may lessen after 10 years.
Are there alternatives to jail time for a second-degree DWI?
Yes, alternatives like electronic home monitoring, community service, or treatment programs may be available depending on your case.
Do second-degree DWI penalties differ for commercial drivers?
Yes, commercial drivers face stricter regulations, including disqualification from holding a CDL for a minimum of one year.
What happens if you refuse a breathalyzer test for a second-degree DWI in Minnesota?
Refusing a breathalyzer can result in additional penalties, including longer license revocation and mandatory ignition interlock device installation.
Can I appeal a second-degree DWI conviction?
Yes, you can file an appeal if there were legal or procedural errors in your case. An attorney can assess your grounds for appeal.
