Seven years is what you could potentially be looking at should you get arrested in Minnesota and are convicted of first degree DWI. Not only that, but you also stand to be ordered to pay a fine up to $14,000 and because it's a felony, you'll lose your rights to vote and bear arms, among other rights. Needless to say, just the thought of these penalties is more than overwhelming. Contacting an attorney should be your first move and it should be done as soon as possible.
Here we'll discuss some of the nuances of Minnesota's tough DUI and DWI laws and how they can affect you should you ever find yourself being charged for breaking any of these laws. The first thing you should understand is that the terms DWI and DUI are used interchangeably due to revisions in Minnesota's laws. Driving under the influence (DUI) and driving while impaired (DWI) are essentially the same but are sometimes confusing due to those changes. Still, being charged with a DWI crime presents stiff penalties and depending on the charges, your past record and any other crimes you find yourself charged with, the repercussions can affect the rest of your life.
So What are the Laws?
Minnesota laws read that a DWI crime includes any person driving, operating or controlling a motor vehicle while under the influence of alcohol, a controlled substance, a hazardous substance or any combination of these. Further, if you're found with a blood alcohol concentration of .08 and are driving a vehicle, you will be arrested. If metabolites of a schedule I or II controlled substance is found in your body and you're operating a vehicle, you will be arrested. There are several aggravating factors that play a role in determining what those charges will ultimately include after your arrest. Some of these factors include:
- Other DUI/DWI arrests over the past decade
- Alcohol concentration of .20
- A minor under the age of 16 who is traveling with you
These are just a few factors and the fact is, the arresting officer is afforded a bit of leeway during the arrest. The penalties vary as well. Using a "tiered" approach, the laws are defined as:
Fourth Degree DWI is considered a misdemeanor and is punished by up to 90 days in jail and the potential of a $1,000 fine.
Third Degree DWI is considered a gross misdemeanor and if you're convicted you face up to one year in jail with a $3,000 fine.
Second Degree DWI is also considered a gross misdemeanor and its determined based on a number of factors such as those listed above.
First Degree DWI, if convicted, is a felony and punishable by up to seven years in prison and up to $14,000 in fines. Again, aggravating factors play a large role in any sentence the judge imposes.
The laws relating to DUI/DWI charges in Minnesota are overwhelming and can be confusing. This only reiterates the importance of consulting an attorney as soon as you can. Allow an experienced lawyer to go to bat for you and help you maneuver the legal waters. Without legal assistance, you stand to lose far more than you ever could have anticipated.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Dui And Dwi Difference
The Minnesota Department of Public Safety Driver and Vehicle Services estimates that more than 30,000 people are arrested for DUI or DWI in the State of Minnesota annually. Anyone who becomes one of these statistics will find that this is a serious matter. Minnesota, like most other states, has mandated legal penalties and sanctions related to DUI or DWI convictions. Some of them are severe. It's vital that a competent Minnesota DUI and DWI lawyer is secured as soon as possible when charged with any criminal operation of a motor vehicle.
Minnesota's BAC limit is .08 while controlling a moving vehicle but even a lower BAC level can result in a criminal charge if a police officer is able to prove that the consumption of alcohol contributed to errors while driving. Commercial drivers and drivers under the age of 21 are affected by additional legal factors. DWI or DUI offenses can lead to a wide variety of penalties in the State of Minnesota. The arrest situation, criminal history, and prior criminal convictions may affect the severity of penalties for those charged with this crime. Misdemeanor fines, jail time, felony convictions, license revocations, and vehicle forfeitures are all possible scenarios depending on the specifics of each case. These possibilities should be the prime motivators to encourage anyone facing an alcohol-related driving offense in Minnesota to seek professional legal advice.
Choosing a criminal defense lawyer for DWI or DUI charges may be a challenging prospect for those already overwhelmed with their pending criminal charges. There are specifics to consider when making a decision about hiring a competent criminal defense attorney that can somewhat simplify the process.
Narrow your search for qualified DUI and DWI legal defense by choosing counsel within your geographical area. It will probably be necessary to have face-to-face meetings with the attorney you hire so it wouldn't be very convenient to travel across state for these meetings. Attorneys typically charge higher fees when long travel is involved for court appearances or research. This is yet another reason to consider geography and proximity when choosing council.
Check with friends and family for referrals. This is one of the most helpful types of recommendations because they originate from people that you trust. Some attorneys may make false claims they are unable to back up with results. You may need to Google with keywords DUI or DWI criminal defense and the city and state to further locate DUI or DWI attorneys in your area. Take the time to check the credentials of the firms that are seriously being considered. Review the websites of potential attorneys to investigate their experience with DUI and DWI cases. Contact information should clearly be indicated. A firm that offers 24 hour assistance shows a commitment to client relations. A free consultation is also an indicator of client-centered representation.
Attorneys that have been recognized by trade or peer-reviewed publications are typically well-respected in the legal field. It's vital to investigate the success record of a prospective attorney. Firms that are successful at DUI or DWI defense won't hesitate to share details about their track record.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Both James Hawthorne & George Kline are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
James Hawthorne has sinced written about articles on various topics from Accident Lawyers, Legal Matters and Accident Lawyers. A at a local law firm can provide you with an experienced. James Hawthorne's top article generates over 22200 views. to your Favourites.
George Kline has sinced written about articles on various topics from DWI lawyers, Criminal Defense Law and Finances. A at a local law firm can provide you with an experienced. George Kline's top article generates over 12100 views. to your Favourites.
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