DWI

Minnesota DWI Attorney

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Minnesota ​DWI law is complicated and constantly changing. Lighthouse Defense can help. Eric Doolittle has handled hundreds of DWI cases throughout the state of Minnesota. Whether this is a first time offense, or you face serious consequences such as prison, vehicle forfeiture, or “whiskey plates,” the stakes are high. You need an experienced MN DWI lawyer to fight for your rights, negotiate your case, and place you in the strongest possible legal position.

 

Minnesota DWI Law

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In Minnesota, there are several types of DWIs, but most involve driving, operating, or exercising physical control of a motor vehicle. The three most common charges include being under the influence of alcohol or drugs, an alcohol test that registers .08 or greater, or having any amount of a schedule I or II controlled substance in your blood.

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In the state of Minnesota, DWI charges are broken down into four severity levels. The level you are charged with depends on the number of “aggravating factors” involved. The state adds up the number of factors involved, and that is how they decide what level of charges to bring against you. The three factors used are:

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1. The number qualified prior impaired driving incidents, including convictions or loss of driver’s license, within the ten years immediately preceding the current offense;

2. having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense; or

3. having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

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Fourth Degree DWI

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If you have not had a prior impaired driving incident in the last ten years, your blood alcohol was under .16, and a child was not present with you in the vehicle, your aggravating factor score is zero and the charge against you is likely a fourth degree DWI. A fourth degree DWI is a misdemeanor and the lowest level charge. In the state of Minnesota, a misdemeanor is punishable by up to 90 days in jail and/ or a $1,000 fine. 

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Third Degree DWI

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A third degree DWI is a gross-misdemeanor that involves either one aggravating factor or a refusal to submit to a chemical test. In the state of Minnesota, a gross misdemeanor is punishable by up to a year in jail and/or a $3,000 fine. If this is your second DWI within the last ten years, then you are subject to a mandatory minimum sentence if convicted.

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Second Degree DWI

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A second degree DWI involves two aggravating factors, but is still a gross misdemeanor. If you are charged with a second degree DWI because of two prior convictions, you could be looking at a mandatory minimum sentence of 30-90 days in jail. Additionally, your vehicle may be forfeited. You only have a limited amount of time to challenge the state taking ownership of your car or truck. 

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First Degree DWI

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A first degree DWI is a felony offense that can result in prison, vehicle forfeiture, and other harsh collateral consequences. A felony DWI is punishable for up to seven years in prison and/or a $14,000 fine. Felony DWI is as serious as it gets, and you need an experienced Minnesota DWI attorney on your case and on your side.

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DWI Test Refusal

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If probable cause exists to believe that a person operated or exercised physical control of a motor vehicle while under the influence of alcohol or drugs, Minnesota law requires that person submit to a breath, blood, or urine test. Refusing to submit to a chemical test is a gross misdemeanor, and results in an automatic license revocation for one year. Whether the police need a warrant before the test depends on the test offered. Minnesota law requires that the police obtain a warrant before searching your blood or urine. All tests require that police had probable cause to arrest you for suspicion of a DWI crime. If you refused to submit to a blood, breath, or urine test, for alcohol, you need to contact an experienced Minnesota test refusal attorney right away.

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Implied Consent

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Minnesota implied consent law has to do with your driving privileges. You only have a limited time to challenge your license revocation. If you fail to do so, you will have a DWI, and aggravating factor, on your driving record; even if you beat your criminal case. If the police lacked probable cause to ask you to take a test, mislead you, pressured you, or didn’t let you talk to an attorney, you may be able win this aspect of your case and protect your record.

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Minnesota DWI Attorney

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Whether this is your first DWI, or you are charged with a felony, the stakes are high to you, your job, and your family. A DWI conviction has harsh consequences for your finances, driving privileges, insurance, and could result in the loss of your professional license. Call Eric Doolittle and the legal team at Lighthouse Defense today to get your case on track and the answers that you deserve.