MN DWI Procedures

In the next few pages, Appelman Law Firm has outlined the Minnesota DWI law. This outline should be considered a synopsis of the law and not legal advice. Please take some time to read this information. Understand that your time spent educating yourself is crucial to playing an active role in your DEFENSE.

After you have reviewed this information, contact the criminal trial lawyers at Appelman Law Firm. Our lawyers have over 20 years of combined criminal law know-how. They will take the time necessary to ensure you understand your situation and precisely what defenses are available to you.

Appelman Law Firm's skilled criminal trial lawyers have the knowledge and experience to handle your situation. Call now for more information.

Driving While Impaired - Elements

A crime is similar to a recipe. Much like recipes, which require specific ingredients, crimes require specific elements. For instance, if you wanted to make chocolate chip cookies, you would need the proper ingredients; flour, sugar, eggs, chocolate chips, etc. Similarly, if the state wants to prove someone guilty of a crime, they must prove each and every element of the crime beyond a reasonable doubt.

To be convicted of a DWI in Minnesota, the state must prove the following ELEMENTS:

The defendant drove, operated, or physically controlled a motor vehicle on the roadways or boundary waters of the State of Minnesota;
While under the influence of alcohol or a controlled substance; or
While driving with a blood alcohol concentration of 0.08 or more as tested within two hours of operating a motor vehicle.

The State of Minnesota has 4 degrees of DWI that relate to the varying seriousness of the DWI charge. The lower the offense the higher the degree (example: 4th Degree DWI is a misdemeanor offense whereas a 1st Degree DWI is a felony offense). The punishment depends on the degree of the DWI conviction, prior DWI convictions or prior driver's license revocations, as well as the presence of any aggravating factors.

Each degree is determined by the presence of "aggravating factors." If you have been charged with a DWI and one or more aggravating factors are present, then the state may increase, (or "enhance") the degree of offense with which you are charged.

Aggravating Factors:

Driving with a blood alcohol concentration over .20
Driving under the influence with someone under the age of 16 in the vehicle
Driving a vehicle across a railroad stop arm while under the influence
Having a prior alcohol related offense on your record within the last 10 years
Any prior alcohol related driver's license revocation.

Degrees of DWI:

1^st Degree (§169.24):

A person is guilty of a 1^st degree DWI if the [current DWI] violation occurs within ten (10) years of three or more qualified prior impaired driving incidents; or
If the person has previously been convicted of a felony DWI under this section.

Explanation: A person may be charged with 1^st Degree DWI if the current DWI is the person's 4^th DWI violation within the last 10 years or if the person has been convicted of a Felony DWI previously.

Corresponding Criminal Penalty

1^st Degree: Felony. If convicted, the defendant may be sentenced to imprisonment for not more than seven (7) years and not less than three (3) years, or to payment of a fine of not more than $14,000, or both.

If the current DWI offense is the Fourth DWI Offense within the last 10 years the Mandatory Minimum Jail Sentence is:

A minimum of 180 days of incarceration, at least 30 days of which must be served consecutively, a program of intensive supervision that requires the person to serve consecutively at least six days, or a program of staggered sentencing involving a minimum of 180 days incarceration, at least 30 days of which must be served consecutively.

If the current DWI offense is the Fifth or Greater DWI Offense within the last 10 years the Mandatory Minimum Jail Sentence is:

A minimum of one (1) year of incarceration, at least 60 days of which must be served consecutively, a program of intensive supervision that requires the person to serve consecutively at least six days, or a program of staggered sentencing involving a minimum of 180 days incarceration, at least 60 days of which must be served consecutively.

2^nd Degree (§169A.25):

A person is guilty of a second degree DWI if two or more aggravating factors are present; or
If they also violate 169A.20, subd. 2 (test refusal) and one aggravating circumstance was present when the violation was committed.

Explanation: A person may be charged with a 2^nd Degree DWI if: 1) the current offense includes two or more aggravating factors, or 2) the person is charged with Refusal and has a prior DWI within the past 10 years.

Corresponding Criminal Penalty

2^nd Degree: Gross Misdemeanor. If convicted, the defendant may be subject to the mandatory penalties in §169.275 and long-term monitoring in §169A.277.

If the current DWI offense is the Third Offense within the last 10 years, the Mandatory Minimum Jail Sentence is:

A minimum of 90 days incarceration, at least 30 days of which must be served consecutively or a program of intensive supervision that requires the person to consecutively serve at least six days in a local corrections facility.
The court may order that the person serve not more than 60 days of the minimum penalty on electronic home monitoring or in an intensive probation program.

3^rd Degree (§169A.26):

A person is guilty of a third degree DWI if one aggravating factor is present; or
If they violate § 169A.20, subd. 2 (refusal).

Corresponding Criminal Penalty

3^rd Degree: Gross Misdemeanor. If convicted, the defendant may be subject to the mandatory penalties in §169.275 and long-term monitoring in §169A.277.

Explanation: A person may be charged with 3^rd Degree DWI if: 1) the current offense involves one aggravating factor, or 2) the person is charged with Refusal.

If the current DWI offense is the Second Offense within the last 10 years the Mandatory Minimum Jail Sentence is:

A minimum of 30 days of incarceration, at least 48 hours of which must be served consecutively or eight hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility.

4^th Degree (§169A.27):

A person who violates § 169A.20, subd. 1, with no aggravating factors and without a violation of § 169A.220, subd. 2 (refusal), is guilty of a fourth degree DWI.

Explanation: A person may be charged with a Fourth Degree DWI if the current offense involves no aggravating factors. Usually this is the person's first DWI on record, or the person has prior DWI convictions that are 10 years or more old. The person's blood alcohol concentration test must be less than .20.

Corresponding Criminal Penalty

4^th Degree: Misdemeanor; No mandatory penalties exist for a fourth degree DWI.

Test Refusal

Refusal to submit to a chemical test following an arrest for DWI is a separate criminal offense and has the following elements:

Law Enforcement has probable cause to believe that someone drove, operated or was in physical control of a motor vehicle while under the influence of alcohol or controlled substance;
Law Enforcement read the Minnesota Implied Consent Advisory to the suspected DWI offender; and
The suspected DWI offender refuses to submit to a chemical test.

Law enforcement officials are required to read to any individual suspected of driving under the influence the Minnesota Implied Consent Advisory. The Implied Consent Advisory contains the following information:

The officer suspects that you have driven, operated or been in physical control of a motor vehicle while under the influence (in violation of Minn. Stat. § 169A.20);
The state requires you to take a test to determine your BAC;
Refusal to take a test is a crime;
Before submitting to a test you have a limited right to consult with an attorney;
The right to consult with an attorney is limited to a "reasonable period of time";
If you fail to contact an attorney, or refuse to make a decision about testing, or if the test is unreasonably delayed, then you could be charged with the refusal to submit to a chemical test.

If you refuse to submit to a chemical test after a lawful arrest for a DWI, the Department of Public Safety will revoke your driver's license for one (1) year.