Minnesota Drunk Driving Charges Attorney & Lawyer

DWI charges are based on how the offense is categorized. There are 4 different degrees. They are: First Degree DWI, Second Degree DWI, Third Degree DWI, and Fourth Degree DWI. First Degree is the worst and packs the most severe penalties. So the sentence that is imposed by a judge depends on which degree a person is charged and convicted with.

First Degree DWI

If you have had 3 or more DWI offenses within the past 10 years, then you could be charged with a First Degree DWI in Minnesota. Even if you have not had 3 or more DWI offenses within the past year, a prior felony conviction can also place you within the First Degree DWI level.

Second Degree DWI

If two or more aggravating factors are present, an individual can be charged with Second Degree DWI. Those DWI aggravating factors include:

• An incident within the past 10 years in which a person was driving impaired. These are convictions before the present charge, and include prior alcohol license revocations, even if you were not convicted of the DWI.

• Having a blood alcohol level of .20 or more at the time of the offense or within two hours of the offense.

• Having a child under the age of 16 present in the vehicle at the time or if the minor child is more than 36 months younger than the driver.

Third Degree DWI

In Third Degree DWI, there only needs to be one aggravating factor present at the time of violation. A Third Degree DWI will be charged as a gross misdemeanor, which can be just as bad as a felony in many cases. All test refusal are at least third degree crimes.

Fourth Degree DWI

A Fourth Degree DWI tends to be charged to first time offenders and also applies to those driving boats. It is unlawful to drive while intoxicated on any surface in Minnesota, including bodies of water.

Here are the factors that come into play:

• Being intoxicated by alcohol

• Being under the influence of a controlled substance

• When knowingly under the influence of a substance that is considered hazardous and that substance has an effect on the nervous system, muscles, or brain to the point that a person is too impaired to operate a motor vehicle.

• When a commercial motor vehicle is involved and the driver of that vehicle has a blood alcohol level of over .04 at the time of the offense or within 2 hours of the offense.

• When other substances are present within a person’s system. This includes most drugs except tetrahydrocannabinols or marijuana.

Contact Us For A Free Consultation

If you or someone you know has been arrested with a DWI charge, it is important to speak to a skilled DWI defense lawyer who can handle your situation with the utmost experience and dedication. Our DWI attorneys will thoroughly investigate your case and handle all court appearances to guide you through the criminal justice system. Protect your rights. If you have questions regarding your DWI charges contact our attorneys for a free consultation at (952) 797-7464.

Our Minnesota DWI defense lawyers represent clients throughout Hennepin County, Ramsey County, Anoka County, Scott County, Washington County, Sherburne County, and beyond. We represent clients throughout the Twin Cities including Minneapolis, St Paul, Anoka, Andover, Blaine, Brooklyn Park, Brooklyn Center, Burnsville, Bloomington, Coon Rapids, Champlin, Eagan, Eden Prairie, Edina, Maplegrove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville, White Bear Lake and Woodbury.

The Interchange Tower  |  600 South Hwy 169  |  St. Louis Park, MN 55426  |  952-797-7464

Minnesota DWI Attorney | DWI Minnesota | Minneapolis DWI | Minnesota DWI Laws | Resources