Gross Misdemeanor DWI / DUI

Gross Misdemeanor DWI / DUI

In Minnesota a 2nd or 3rd degree DWI is a gross misdemeanor offense. The presence of one or more of the following aggravating factors in addition to the new offense can lead to a 2nd or 3rd degree DWI charge:

  1. A prior impaired driving incident, such as an alcohol-related license revocation or DWI conviction, within 10 years of the present incident.
  2. The presence of a child in the motor vehicle.
  3. Blood alcohol content of .20 or greater as tested within two hours of the incident.

Gross Misdemeanor DWI / DUI Consequences

A 2nd or 3rd degree DWI is a gross misdemeanor offense which is punishable by up to one year in jail and/or a fine of up to $3,000. In addition to the criminal and driver’s license penalties, there will likely be a forfeiture of the vehicle used in the incident and impoundment of the license plates is also extremely likely.

Possible Driver’s License Sanctions

For a 2nd or 3rd degree DWI, revocation times from one to three years are likely with eligibility for ignition interlock once certain criteria are met. Additionally, the offender must pass an alcohol and controlled substance knowledge test, apply for a new Minnesota driver’s license and pay a $680 reinstatement fee.

Being charged with a gross misdemeanor DWI is a serious charge with severe consequences. Having an attorney with experience is therefore invaluable. Gerald Miller PA has defended thousands of DWI charges throughout the past 35 years. Contact us today at 612-341-9080 for a free consultation.

For more information see the Minnesota 3rd Degree Driving While Impaired Statute 169A.26.

For more information see the Minnesota 2nd Degree Driving While Impaired Statute 169A.25.

For a review of criminal penalties and driver license sanctions see the Minnesota Department of Public Safety.