DUI Penalties in Minnesota

Minnesota penalties for Driving While Intoxicated (DWI) include license suspension or revocation, jail time, fines, and rehabilitation. It is important to note that in Minnesota, a person accused of and arrested for DWI has the right to speak with a DWI defense attorney prior to submitting to a breathalyzer, urine or blood test to determine blood alcohol content (BAC). The police are required by law to provide the person arrested for DWI with a phone book should the arrested person not already have a lawyer. Making the phone call to a Minnesota DWI attorney at the time of arrest is critical to providing assistance to the arrested individual on deciding whether it is more or less beneficial to submit to chemical testing. Refusing to submit to chemical testing in Minnesota will result in a one (1) year automatic driver’s license suspension.

1st Offense

Penalties for a first offense of DWI in Minnesota include ninety (90) days to one (1) year in jail, fines of up to $3000, mandatory DWI alcohol education courses, and the loss of driving privileges for ninety (90) days to one (1) year. Penalties are dependent upon the circumstances of arrest, including blood alcohol content (BAC). BAC at the time of arrest of .20% or higher draws heavier penalties than BAC between the limit of .08% and below .20%.

2nd Offense

Conviction of a second DWI offense in Minnesota within ten (10) years of the first may result in penalties including forty-eight (48) hours to thirty (1) year in jail, community service, and fines of up to $3,000.

Minnesota penalties increase with subsequent offenses and the circumstances surrounding the arrest such as child endangerment, if a child is present in the vehicle, or harm to persons or property. The maximum penalty for DWI in Minnesota is for felony DWI. Penalties for felony DWI in Minnesota include jail time of three (3) to seven (7) years or potentially longer if you have a prior criminal record. In addition to jail time, a convicted DWI felon may be required to complete a chemical dependency treatment program while in jail and pay fines of at least $14,000. The state may also confiscate the felon’s license plates or their vehicle with absolutely no compensation to the felon.

It is very important that you contact a Minnesota DWI attorney immediately if you or someone you know has been recently arrested for DWI in Minnesota. This is the best way to ensure your rights are protected under the law.