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There is no simple answer to the question “what is the penalty for DWI in Bloomington?” There is a range of possible penalties for these cases, and the circumstances that surround your case will play a major role.

What’s more, DWI charges come with a sentencing range instead of a set penalty. It is ultimately the role of the judge to determine the appropriate penalty out of the range of options.

One of the ways our firm could assist with your penalty for a DWI case is by softening the blow of a conviction and advocating to the judge to choose a lighter sentence. In many cases, we are able to secure an acquittal on DWI charges and avoid these penalties entirely. Contact the attorneys of Gerald Miller right away to learn more.

 

First Offense

The penalties for a first-time offender are generally lighter compared to anyone with a track record of DWI convictions. That said, there are some factors that could increase the penalties you face for a first-time DWI conviction.

Typically, a first offense is treated as a standard misdemeanor according to state law. A misdemeanor carries a maximum jail sentence of 90 days as well as a fine of no more than $1,000. However, certain factors can lead to a first offense becoming a gross misdemeanor. These factors include driving with a blood alcohol concentration (BAC) of 0.16 or more or the refusal to submit to a breath test.

In these cases, the penalty for a DWI in the first offense maxes out at 1 year in jail and $3,000 in fines. The court has the power to order the jail time served at home using electronic monitoring as opposed to in the county jail.

 

Second Offense

The maximum penalties associated with a second offense DWI are virtually the same as a first offense. In most cases, the maximum penalty for a DWI is 90 days in jail and a fine of no more than $1,000. As is the case with a first-time offense, a second DWI could also lead to steeper penalties for drivers with a high BAC or that refused to submit to a chemical test.

The major difference between a first and second DWI is the mandatory minimum sentence that follows a conviction. While there is no mandatory minimum for a first-time offense, the court must include a minimum jail term of 30 days for a second offense. It is important to note that the court retains the power to suspend much of that sentence, but a minimum of 48 hours must be served in a jail or workhouse.

 

Third Offense

The baseline penalty range for a third DWI is higher compared to a first or second. This is because a third DWI is treated as a gross misdemeanor as opposed to a standard misdemeanor. With every third offense DWI, a conviction carries a maximum jail term of 1 year and a fine of no more than $3,000. As a second offense DWI, there is also a minimum sentence that comes with a third offense.

 

Fourth and Subsequent Offenses

The fourth and subsequent DWI convictions are treated as a felony according to state law. Felony convictions have substantially stiffer penalties than a misdemeanor. For a felony conviction, you could face as much as seven years in prison and a maximum fine of up to $14,000.

These penalties are significant, but there are other collateral consequences that follow a felony DWI as well. If you are convicted of felony DWI you could lose a number of your rights, including the right to vote or the right to own firearms. A felony conviction could also make it difficult to keep a job or secure housing.

 

Talk to Our Firm About Your DWI Arrest in Bloomington

Whether you are facing allegations of driving while impaired for the first time or you have been convicted of the crime before, you are entitled to a vigorous defense. Our firm is ready to evaluate your case and provide you with the strongest defense possible.

The attorneys of Gerald Miller focus their practice on criminal law. We are proud to advocate for the accused, and we look forward to hearing from you. Call right away to schedule your free consultation.

 

Cody Wright

Cody Wright is a dedicated DWI/DUI lawyer at Gerald Miller P.A. in Minnesota. He ensures your voice is heard in a system that often discourages the accused from speaking up. He has received his law degree from Mitchell College of Law.

 

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