No two DWI arrests are the same. That being said, there are a few guidelines involved when determining the severity and punishment for a DWI conviction. If you have are facing court for a DWI arrest, your best bet is to contact a Minneapolis DWI lawyer to discuss your individual case and options.

Arrested for a DWI? Contact Minnesota DWI Lawyer Judith Samson before it’s too late:

Your DWI arrest will depend on a number of factors involved during the time of your arrest. These are considered ‘aggravating factors’ and include:

• Refusing a breathalyzer test
• Having a blood alcohol content level of .2 or higher
• Driving with a child under the age of 16 in the car at the time of the arrest
• Having at least one prior impaired driving incident within ten years prior to the current case

Your DWI penalty will depend on the aggravating factors present during the time of your arrest.

Fourth degree DWI conviction – this is a misdemeanor offense. The offender could be looking at 90 days in prison and a fine of $1,000. In many instances, you could lose your license for a period of time and need to attend a driver’s education course. Fourth degree DWI offenses have no aggravating factors present but your blood alcohol content level is .08 or higher.

Third degree DWI conviction – this is a gross misdemeanor offense and comes with up to one year in jail and/or $3000 in fine. You could also lose your license for 180 to 365 days and, if you have had a prior DWI or prior alcohol related driver’s license revocation, you will serve a mandatory 30 days in prison. A third degree DWI occurs when the person has one aggravating factor present, such as driving with a child present or driving with a blood alcohol content level of .2 or higher.

Second degree DWI conviction – this is also a gross misdemeanor offense and carries the same implications as above with a stricter license revocation (one year) and a harsher mandatory jail sentence (90 days). You could be looking at a second degree DWI if you have been arrested with two or more aggravating factors present.

First degree DWI conviction – this is a felony offense and comes with a jail sentence of up to 5 years and $10,000 in fines. This occurs if a person has three or more aggravating factors present or if you have three of more prior convictions. You could also be looking at a felony first degree DWI conviction if you are being charged with criminal vehicle operation or criminal vehicular homicide. Your vehicle will also be forfeited by the State.

Call Judith Samson, Minnesota DWI Lawyer at 612-333-8001 Today!

Keep in mind that, although the above penalties may seem harsh, no penalty is set in stone. With the right Minneapolis DWI lawyer, you could be looking at much less severe penalties, if anything. It all depends on your situation, your representation and what county court you are facing.

For fast, effective and aggressive legal representation, contact experienced Minneapolis DWI attorney Judith Samson 24/7 at 612-333-8001.