Second Degree Gross Misdemeanor DWI/DUI

Second Degree Gross Misdemeanor DWI/DUI

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

  1. An 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.

2nd Degree DWI / DUI Consequences

A 2nd 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 also 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 degree DWI, a revocation of two to three years or more is 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.

A gross misdemeanor DWI is a serious offense with severe consequences. An attorney who is experienced with felony DWI’s is invaluable. Gerald Miller PA has over 35 years of experience in all levels of DWI law. Contact Gerald Miller PA today at 612-341-9080 for a free consultation.

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.