What is 4th Degree DWI in Minnesota?
There are varying levels of drunk driving charges in Minneapolis, so the specific DWI offense depends upon the circumstances. You might be wondering: What is 4th Degree DWI in Minnesota, and what does it mean for you?
In Minnesota, 4th Degree DWI is the least severe drunk driving charge, typically applying to first-time offenders without aggravating factors like high blood alcohol concentration (BAC) or prior offenses. It’s a misdemeanor punishable by up to 90 days in jail, fines up to $1,000, and potential license revocation.
Even though it’s the lowest-level DWI charge, the consequences can still be life-altering. As a dedicated Minnesota DWI defense attorney with decades of experience handling drunk driving cases, I’ve helped clients protect their rights and fight these charges. Let’s delve into what you need to know about 4th Degree DWI and how to approach your defense.
What is the Legal Definition of DWI in Minnesota?
Driving while impaired (DWI) refers to operating a motor vehicle under the influence of alcohol, controlled substances, or a combination of both. According to Minnesota’s statute on Driving While Intoxicated (DWI), an individual commits DWI if:
- They have a blood alcohol concentration (BAC) of 0.08% or higher within two hours of driving.
- They are under the influence of alcohol, a controlled substance, or any substance impairing their ability to operate a vehicle safely.
- They are driving or otherwise in physical control of a vehicle with any amount of a Schedule I or II controlled substance in their system, except marijuana.
The details are critical, as this legal definition forms the basis for all DWI charges in Minnesota, including 4th degree offenses.
What is a 4th Degree DWI?
A fourth degree DWI is considered the least severe type of DWI charge in Minnesota. This offense typically applies to first-time drunk drivers with no aggravating factors. Aggravating factors include:
- A BAC of 0.16% or higher.
- Having a child under 16 in the vehicle at the time of the offense.
- A prior DWI conviction or license revocation within the past 10 years.
Fourth-degree DWI is classified as a misdemeanor offense in Minnesota. While it may carry lighter penalties compared to other degrees of DWI, it is still a serious criminal charge that can have significant consequences on an individual’s record and future.
How Are Third and Fourth Degree DWI Different?
Third and fourth-degree DWIs differ based on the presence of aggravating factors. A third-degree DWI, which is a gross misdemeanor, typically involves a BAC of 0.16% or higher, a prior DWI offense or license revocation, or driving with a minor passenger in the vehicle.
In contrast, a 4th degree DWI does not involve any of these aggravating factors. While both offenses are serious, the potential penalties, including jail time, fines, and license implications, are generally harsher for third-degree offenses.
What are Criminal Penalties for Fourth Degree DWI in Minnesota?
A 4th degree DWI is a misdemeanor, but it still carries significant penalties under Minnesota law. If convicted, you face up to 90 days in jail and fines of up to $1,000. In some cases, a person may qualify for probation, which may include conditions such as alcohol education or substance abuse treatment.
The severity of the penalties can vary depending on the circumstances of the case and any additional violations committed during the DWI offense. These penalties aim to discourage future impaired driving while addressing the underlying behavior through court-mandated programs.
How Does Fourth Degree DWI Affect My Driver’s License?
A fourth-degree DWI can impact your driving privileges in Minnesota. Potential license-related consequences include:
- Administrative penalties: A first-time offender with a BAC below 0.16% may face a 90-day license revocation. This period can be reduced to 30 days if you plead guilty.
- Ignition interlock device: Drivers with a BAC of 0.16% or higher may be required to install an ignition interlock device to regain limited driving privileges.
- Reinstatement fees: Drivers must pay fees and complete specific steps, such as attending DWI programs, to have their license reinstated.
Contact Our Defense Team After a DWI Arrest
This is a helpful overview about fourth-degree drunk driving charges in Minnesota, but there are additional details that are critical for your case. At Gerald Miller, P.A., our experienced DWI attorneys have successfully defended countless clients against drunk driving charges in Minnesota. We understand the complexities of the law and will work tirelessly to protect your rights and achieve the best possible outcome for your case. Call 612-341-9080 for a free, no-obligation consultation today to discuss your situation and begin building your defense.
Related Content:
- Is DWI a Felony or Misdemeanor Under Minnesota Law
- How Long Does a DWI Stay on Your Criminal Record in Minnesota?
- Should I Refuse a Field Sobriety Test?
- Can You Avoid Jail Time After Getting a DUI in Minneapolis?
