DWI

Driving while impaired is illegal throughout the United States. It is sometimes referred to as DUI or “driving under the influence.” DWI stands for “driving while intoxicated.” It is an offense that often calls for immediate arrest and includes both criminal and administrative penalties.

The severity of an alleged DWI incident depends on several factors. These include the driver’s level of intoxication and any prior DWI convictions on record.

Minnesota DWI laws apply to any person who is operating a vehicle—or being in “actual physical control” of a vehicle. Meaning, one can be guilty of a DWI by sitting in the driver’s seat with the keys nearby—while impaired by either alcohol or some type of drug.

Someone driving could also be guilty of DWI if he or she had any amount of schedule I or II drugs in their system, not including marijuana or THC.

DWIs for Commercial Drivers

DWI laws in the state of Minnesota include all drivers, including commercial drivers (those with a CDL).

In fact, the statutes are more strict when it comes to commercial drivers. The BAC limit for a commercial motor vehicles is 0.04% within two hours, not 0.08%. It is lower because an impaired commercial driver will likely be more dangerous on the road, with a larger, more destructive vehicle.

As mentioned, the state’s blood alcohol concentration limit is set at 0.08% for most drivers. Testing at the scene with a breathalyzer determines your blood alcohol levels. The police may also test you at the police station with a more sophisticated device.

A defense attorney may be able to raise a reasonable doubt about a defendant’s BAC test results. However, these tests are usually reliable indicators that someone was too intoxicated to drive.

Additional BAC Laws

A BAC of 0.16% or higher elevates a DWI offense to a higher level – often called an “aggravating factor.”

For drivers under the age of 21, the state of Minnesota has a zero-tolerance law. This means that any driver under 21 cannot have a BAC above 0.0%.

Minn Stat. 169A.33 states that if a person under the age of 21 drives after drinking alcohol, the driver is guilty of a misdemeanor.

For example, if you are 18 and blow 0.03 on a breathalyzer, you would be guilty of a misdemeanor. The penalty can include driver’s license suspension for 30 or 180 days. This depends on whether the driver has prior DWIs on their record.

In addition to a blood-alcohol level of 0.16% or higher, Minnesota law identifies two other aggravating factors for DWI offenses:

• A BAC of 0.16% or higher.

• The driver has a previous DWI within 10 years of this DWI charge.

• A child 15 or younger is present. (The driver must be more than three years older than the child.)

A DWI charge in the state of Minnesota results in both administrative and criminal penalties.

In a criminal court, the prosecutor must prove that the defendant was impaired by alcohol or drugs while operating a vehicle.

1st-Degree Felony DWI

Minnesota designates DWIs as felonies when any of the following occur:

• The most recent DWI is the offender’s fourth DWI conviction in 10 years.

• There is a previous felony DWI conviction.

• The offender has a previous conviction for criminal vehicular homicide or criminal vehicular injury in which alcohol or drugs were involved.

A felony DWI conviction in Minnesota is punishable by a up to seven years in prison and a fine of up to $14,000.

2nd-Degree DWI

Second degree DWIs in Minnesota are gross misdemeanors. This applies when there are two aggravating factors present or a test refusal with one aggravating factor.

Penalties for 2nd-degree gross misdemeanor DWI in Minnesota include include up to a year in jail and a maximum fine of $3,000.

3rd-Degree DWI

Third degree DWIs in Minnesota are also charged as gross misdemeanors. This applies when there is one aggravating factor or a test refusal.

Penalties for 3rd-degree gross misdemeanor DWI in Minnesota include include up to a year in jail and a maximum fine of $3,000.

4th-Degree DWI

If it is the defendant’s first DWI charge, with no aggravating factors, he or she is facing a misdemeanor charge.

The penalties for a fourth degree misdemeanor DWI include jail a maximum of 90 days in jail and/or a fine of up to $1,000.

Additionally, all DWIs are subject to harsher penalties if the offense results in property damage, a vehicle accident, physical injuries, or death.

In addition to criminal penalties, a DWI offender also faces administrative penalties.

If your work depends on the ability to drive, you may find these administrative penalties extremely challenging.

These are the three most common types of administrative penalties. Each affect a driver’s ability to legally operate a car.

Driver’s License Revocation

Minnesota’s most common administrative penalty for DWI is the loss of driving privileges. The cancellation begins soon after a DWI arrest. Defendants are usually issued a seven-day temporary driver’s license to use before the suspension.

How Long Will I Lose My License?

The length of revocation depends on factors like the number of prior DWI convictions on your record. First-time offenders will lose their driving privileges for 90 days if the BAC was below 0.16% (180 days if the driver is under 21).

Entering a guilty plea reduces the revocation period to 30 days, provided the driver is over 21. Having a BAC of 0.16% or more increases the revocation period to one year, as does test refusal.

When the DWI is a second offense within 10 years, the revocation period increases to one or two years, depending on aggravating factors.

The longest revocation period is six years, which applies when the offender has five or more DWIs.

Commercial driver’s license holders face stiffer revocations than non-commercial drivers. A first offense or test refusal results in a one-year revocation of CDL privileges. A second offense results in losing your CDL for life.

Minnesota offers drivers two options to continue driving during their revocation period. These include a limited license and Minnesota’s Ignition Interlock program.

A limited license allows driving only for essential functions like work and childcare. It is only available for certain types of DWIs. Ignition Interlock is more broadly available. It is often a defendant’s only option, apart from abstaining from driving for the entire revocation period.

License Plate Impoundment

Depending on the circumstances of your DWI and your criminal history, the police may impound your license plates. They can also issue a notice of impoundment requiring that you surrender the plates to a law enforcement agency.  Minn. Stat. 169A.60 outlines plate impoundment and the need for special registration plates (sometimes called “whiskey plates”) during the impoundment period.

Plate impoundment applies to all the motor vehicles you own or lease, not just the vehicle involved in the DWI. This includes vehicles you own jointly or alone.

This consequence often affects family members, such as a spouse, child, or parent who co-owns a vehicle.

Minnesota’s law prohibits giving or selling a co-owned vehicle to the other owner if that person is a household or family member to avoid impoundment.

Vehicle Forfeiture

First and second-degree DWIs are almost always accompanied by vehicle forfeiture proceedings. DWI defendants have 60 days to file a challenge to the forfeiture. Filings require paperwork and a paying the filing fee.

Not every challenge will result in the return of a seized vehicle. Therefore, it is important to consult with an experienced criminal defense attorney about this issue. There are some circumstances that increase the likelihood of getting a vehicle back, including the innocent owner defense.

Enrolling in the Ignition Interlock program can be another way to save a vehicle from government forfeiture.