I’ve been Charged with a DWI, but what does it mean?
I’ve been Charged with a DWI, but what does it mean?
28/05/24
Understanding the Different Levels of DWIs in Minnesota can seem a bit complex, but if you or someone you know has been charged with a DWI it is important to know exactly what these charges mean.
Driving While Impaired (DWI) is a serious offense that carries severe consequences in the state of Minnesota. In Minnesota, DWIs are categorized into four levels based on the severity of the offense and the individual's prior history of DWIs. Understanding these levels is crucial to grasp the potential penalties one may face if charged with a DWI.
Fourth-Degree DWI
Fourth-Degree DWI is the least severe level of DWI in Minnesota. This charge is typically applied to first-time offenders who have no “aggravating factors” present at the time of offense. Fourth-Degree DWI is considered a misdemeanor and carries penalties such as fines, license revocation, and potential jail time.
Aggravating Factors
There are certain aggravating factors that will cause a person to be charged with a more serious DWI than a fourth degree DWI. These aggravating factors include having a prior DWI or drug or alcohol related license revocation within a 10 year period; having a blood alcohol concentration more than twice the legal limit; or having a child under 16 in the vehicle at the time of offense.
Third-Degree DWI
Third-Degree DWI is charged when an individual is caught driving with a BAC of 0.16% or higher, or if other aggravating factors are present. Third-Degree DWI is a gross misdemeanor in Minnesota and carries harsher penalties than Fourth-Degree DWI, including larger fines, longer license revocation periods, and potential jail time.
Second-Degree DWI
Second-Degree DWI is classified as a gross misdemeanor as well and is typically charged when aggravating factors are present, such as having multiple prior DWI convictions within a certain timeframe or causing injury to another person while driving impaired. The penalties for Second-Degree DWI are more severe than Third-Degree DWI and may include substantial fines, longer license revocation periods, and mandatory jail time.
First-Degree DWI
First-Degree DWI is the most serious level of DWI in Minnesota. This charge is a felony and is applied when an individual has three or more prior DWI convictions within the past ten years or has previously been convicted of vehicular homicide or criminal vehicular operation related to impaired driving. The consequences of First-Degree DWI are severe, including significant fines, lengthy license revocation periods, mandatory imprisonment, and the installation of an ignition interlock device upon license reinstatement.
What to do if you’ve been charged with DWI
If facing a DWI charge, seeking legal counsel and understanding one's rights and options is essential to navigate the legal process effectively. Having the right attorney by your side can make all the difference. If you have been charged with a DWI in Minnesota, reach out to admin@brightlinedefense.com to schedule a consultation to see how Brightline Defense can best support you on your legal journey.