What is the Aggravating Factor for a Third-Degree DWI in Minnesota?
You might not realize that there are multiple levels of DWI in Minnesota, but the information is important if you’re facing drunk driving charges. You might be wondering: What is the Aggravating Factor for a Third-Degree DWI?
Having a prior DWI within the past 10 years, a BAC of 0.16 or higher, or having a child under 16 in the vehicle. Refusing a chemical test also elevates a first-offense DWI to a Third-Degree offense.
Facing a third-degree DWI charge with aggravating factors is serious, but as a seasoned Minnesota DWI defense attorney, I’ve successfully helped clients mitigate these charges and protect their rights. Let’s examine what these factors mean and the steps you can take to build a strong defense.
How Do Aggravating Factors Work for a DWI in Minnesota?
In general, aggravating factors increase the severity of a DWI charge and potentially the penalties you face. The least serious charge is a fourth degree DWI, in which there are no aggravating factors present. At the other end of the scale is a first degree DWI, a felony, where the circumstances indicate at least 3 aggravating factors.
For Third-Degree Driving While Impaired (DWI) under Minnesota law, one aggravating factor must be present. These factors include:
- A prior DWI conviction or alcohol-related driver’s license revocation within the past 10 years
- Driving with a BAC (Blood Alcohol Concentration) of 0.16% or higher
- Having a minor passenger in the vehicle at the time of the offense
Aggravating factors escalate a misdemeanor to a gross misdemeanor, which carries harsher criminal and administrative penalties.
What’s the Crime for Driving While Impaired with One Aggravating Factor?
Driving while impaired with one aggravating factor is charged as a third-degree DWI in Minnesota. This offense applies whether the aggravating factor is a high BAC, a prior DWI, or the presence of a minor passenger.
Unlike first- or second-degree charges, third-degree DWI typically involves fewer factors, but it is still a serious criminal offense that requires immediate legal attention. Minnesota courts treat these cases severely, reflecting the risk posed to public safety.
Is Third Degree DWI a Gross Misdemeanor Criminal Offense in Minnesota?
Yes, third-degree DWI is classified as a gross misdemeanor in Minnesota. This categorization means that the offense is more severe than a standard misdemeanor but less serious than a felony. Gross misdemeanors carry substantial penalties, including potential jail time, hefty fines, and long-term consequences for driving privileges.
Being charged with a gross misdemeanor can also impact employment, housing, and other areas of life. Minnesota laws prioritize deterring impaired driving by implementing stricter penalties for offenses with aggravating factors.
Long-Term Consequences of a Third-Degree DWI Conviction in Minnesota
While the immediate legal penalties of a third-degree DWI are serious, many defendants underestimate the lasting consequences a conviction can carry. Beyond court fines and jail time, a gross misdemeanor conviction may affect your life for years to come.
Key long-term consequences include:
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Higher auto insurance premiums for 5–10 years
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Difficulty securing professional licenses (especially in healthcare or education)
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Employment discrimination during background checks
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Potential international travel restrictions (e.g., denied entry into Canada)
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Eligibility barriers for housing or loans
Important: Minnesota does not automatically expunge DWI convictions—even after the sentence is complete. These offenses remain on your record unless you actively pursue expungement, and even then, DWI expungement laws are limited.
What Are the 3rd-Degree DWI Penalties in Minnesota?
Penalties for a third-degree DWI in Minnesota include criminal and administrative consequences. Potential outcomes may involve:
- Jail time of up to one year
- Fines of up to $3,000
- License revocation ranging from 90 days to one year
- Chemical dependency assessments and required treatment programs
Administrative penalties include plate impoundment and vehicle forfeiture, depending on the circumstances. Courts may impose probation conditions, including abstinence from alcohol, random testing, and the use of an ignition interlock device.
How Minnesota’s Sentencing Guidelines Apply to Third-Degree DWI Charges
Minnesota uses structured sentencing guidelines to determine jail time and probation for gross misdemeanors like third-degree DWI. The presence of aggravating factors influences whether judges apply presumptive sentences or consider alternative dispositions like electronic home monitoring.
| Factor | Effect on Sentencing | Notes |
|---|---|---|
| First DWI in 10 years (no aggravating factors) | Fourth Degree – Misdemeanor | 90-day max |
| One aggravating factor (3rd Degree) | Gross Misdemeanor | Up to 1 year jail, $3,000 fine |
| BAC ≥ 0.16 or prior DWI + minor in car | May trigger mandatory minimums | At least 30 days, may include work release |
| Refusal to test + prior DWI | Often treated more harshly than failed test | Viewed as aggravating |
Reminder: While the guidelines provide a baseline, judges retain discretion in sentencing based on your criminal history, risk assessment, and mitigating factors presented by your attorney.
Are There Administrative Penalties for Third-Degree DWI?
Yes, Minnesota law enforces strict administrative penalties for third-degree DWI offenses. These penalties are independent of criminal consequences and aim to deter impaired driving. They include:
- License revocation or cancellation for a set period
- Plate impoundment, particularly if aggravating factors involve high BAC or prior offenses
- Vehicle forfeiture, typically in cases with repeated offenses or severe aggravating factors
Administrative actions are processed through the Minnesota Department of Public Safety and may be contested via an implied consent hearing.
Do 3rd Degree DWI Convictions Carry Mandatory Minimum Sentences in Minnesota?
Yes, third-degree DWI convictions often carry mandatory minimum sentences in Minnesota. Depending on the aggravating factor, mandatory penalties may include:
- At least 30 days of jail time, with potential alternatives like electronic home monitoring or intensive probation
- Chemical dependency evaluation and mandatory completion of recommended treatment
- Ignition interlock program participation for license reinstatement in cases involving high BAC levels
These minimum sentences underscore the seriousness of third-degree DWI charges and emphasize Minnesota’s commitment to reducing impaired driving incidents.
Key Minnesota Case Law That Defines Third-Degree DWI and Aggravating Factors
Understanding the judicial interpretation of DWI laws helps establish what prosecutors must prove—and what your defense attorney can challenge. Several Minnesota cases shape how courts handle aggravating factors and third-degree charges:
Notable Cases:
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State v. Quale, 770 N.W.2d 282 (Minn. Ct. App. 2009)
Clarified that prior license revocations count as aggravating factors even if they did not result in conviction. -
State v. Koppi, 798 N.W.2d 358 (Minn. 2011)
Established standards for the admissibility of field sobriety tests and when they can be excluded. -
State v. Wiltgen, 737 N.W.2d 561 (Minn. 2007)
Confirmed the importance of implied consent advisories and the consequences of failing to properly administer them.
Pro insight: A skilled attorney can use these precedents to suppress evidence, challenge aggravating factors, or argue for reduced sentencing.
How Can I Beat 3rd-Degree DWI Charges?
Defending against a third-degree DWI charge in Minnesota involves careful legal action. Possible defense strategies include challenging the evidence, questioning BAC test results, contesting field sobriety tests, and raising issues of police procedure.
You might gain a dismissal by proving improper conduct, or by highlighting errors or violations in the arrest process. The circumstances may also support arguments about probable cause, where you demonstrate that the traffic stop or arrest was unwarranted.
An experienced DWI attorney can assess your case, identify weaknesses in the prosecution’s argument, and advocate for reduced charges or dismissal. Early legal intervention is essential to building a strong defense.
Discuss Defense Strategies with an Experienced DWI Defense Attorney
This overview about third-degree DWI should convince you how critical it is to retain an experienced criminal defense attorney. At Gerald Miller, P.A., our team has extensive experience handling DWI cases and managing the complexities of Minnesota’s laws. We can help protect your rights, challenge the evidence, and work toward the best possible outcome for your case.
Don’t leave your future to chance. Call us today at (612) 341-9080 for a free, no-obligation consultation. Let our skilled attorneys guide you through the process and fight for the results you deserve.
Related Content:
- Can You Avoid Jail Time After Getting a DUI in Minneapolis?
- What Happens To My Driver’s License After a DWI Arrest in Minnesota?
- The DWI Court Process in Minneapolis, MN
- How Do I Challenge a DUI Blood Test in Minnesota?
