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Is DWI Considered A Misdemeanor Offense In Minnesota?

November 30, 2010
Author: Chris M. Alexander

Those who are found to be charged with drinking and driving in Minnesota are required to administer a test that determines their blood alcohol content. Drivers with a blood alcohol level of .10 or more find themselves charged with Minnesota DWI conviction after which, one may wonder if DWI is considered a misdemeanor offense in Minnesota.

Minnesota DWI Is A Misdemeanor without Aggravating Factors

The degree of Minnesota DWI charge that a driver would face depends upon a number of factors. Those who are being charged with DWI for the first time and there aren’t any aggravating factors present, will be charged with 4th degree DWI. In Minnesota, this is called as a misdemeanor. The possible penalties include a 3 months incarceration or less along with a $1000 fine. The driver is also required to forfeit his/her license for 3 months.

Minnesota DWI Aggravating Factors

One of the aggravating factors, which can make this charge a more serious one, is blood alcohol content of .20 or more when tested. Being convicted of DWI in the past decade can also increase the degree of charges. Having a minor under the age of 16 in the vehicle at the time of arrest is also one of the defining factors.

Four Degrees of Minnesota DWI

If more than one of the total factors are discovered when the driver is arrested, then the charges of DWI can be elevated by four different degrees. Each degree or level carries different penalties to be bore.

Hiring a Minnesota DWI Defense Lawyer

The most important thing that a person facing these circumstances must do above anything else is to contact a legal counsel. This can be done before a driver submits to a blood alcohol content test. Taking the advice of counsel is preferable; however, it should be remembered that the refusal to take test would add to the charges against a driver.

Minnesota DWI is a Gross Misdemeanor

Those who have a single factor against them or if they had not taken the blood alcohol content test will be looking at third degree DWI. This is termed as a gross misdemeanor in Minnesota and it may increase the possible penalties significantly including 12 months in jail and a $3000 cash penalty. The driver’s license is also taken for up to six months.

With the increase in aggravating factors, the penalties may also multiply; therefore, it can be safely concluded that the DWI in Minnesota is not charged as a misdemeanor at most of the times because the factors that elevate it are most often present.

Tags: DWI offense, Minnesota DWI Laws

This entry was posted on Tuesday, November 30th, 2010 at 1:39 am and is filed under DWI . You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.