Is my first DWI a felony in Minnesota?
Posted on Nov 20, 2013 8:44pm PST
According to Minnesota Law, a first DWI is usually a misdemeanor. It is considered a fourth degree DWI and can bring the following penalties upon conviction:
- Fines of up to $1000
- License suspension for up to 90 days
- Jail time for up to 90 days
- Installation of an Ignition Interlock Device
While many first DUI charges are fourth degree, they may be elevated if certain aggravating factors are present. One aggravating factor will increase the charges to a third degree DWI (gross misdemeanor), while two aggravating factors will increase the charges to a second degree DWI (gross misdemeanor). The only way to get a first degree DWI, which is a felony, is to commit four DWIs within 10 years.
Aggravating Factors in a Minnesota DWI
The following actions are aggravating factors:
- More than .2% blood alcohol content (BAC)
- Presence of a minor (under 16)
- Accident with injury
Contact Brevik Law
If you are facing charges for your first DWI, then it is important that you obtain legal counsel from a skilled Anoka County attorney. While your offense may be a misdemeanor, it may still bring severe penalties, especially if your case involves aggravating factors.
Get defense that you can trust from Brevik Law. We have been aggressively advocating for Minnesota residents for more than 15 years. Our legal team understands the issues at stake and can guide you through the criminal process. Call the firm today for your initial consultation, free of charge!