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Winning DWI

Written by: Maury Devereau Beaulier

Reputation Level 15

Posted almost 3 years ago. Applies to Minnesota, 1 helpful vote, 0 comments

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What is the crime of DWI or DUI

In Minnesota, it is a crime to: (1) to drive, operate, or be in control of any motor vehicle anywhere in the state while: * under the influence of alcohol, a controlled substance, or (knowingly) a hazardous substance, or any combination of these; * having an alcohol concentration (AC) of .08 (.08 means .08 percent alcohol concentration, which is 8/10,000ths by volume) or more at the time, or within two hours, of doing so; * having any amount of a schedule I or II controlled substance, other than marijuana, in the body; or * if the vehicle is a commercial motor vehicle, having an alcohol concentration of .04 or more at the time, or within two hours of the time, of doing so; or 2) to refuse to submit to a chemical test of the person’s blood, breath, or urine under Minnesota Statutes, section 169A.52 (implied consent law).

How is a DWI enhanced?

A DWI offense may be enhanced, which means it is charged as a more serious offense with greater potentiial penalities. Criminal penalty enhancement is based on the number of "aggravating factors" present when the crime was committed: (1) No priors: 4th degree DWI, misdemeanor (maximum penalties: $1,000 fine, 90 days jail) (2) One prior: 3rd degree DWI, gross misdemeanor (maximum penalties: $3,000 fine, one year jail) (3) two priors: 2nd degree DWI, gross misdemeanor (maximum penalties: $3,000 fine, one year jail) (4) three priors: 1st degree DWI, felony (maximum penalties: seven years incarceration in prison, and $14,000 fine)

What are Aggravating Factors?

Aggravating factors may include: (1) a qualified prior impaired driving incident within the preceding ten years (this means criminal DWI offense or license revocation/cancellatoin based on Implied Consent laws); (2) an alcohol concentration of .20 or more upon arrest (measured within two hours); and (3) presence of a child under age 16 in the vehicle, if more than 36 months younger than the offender.

What are the Implied Consent?

Every DWI or DUI case is truly two cases rolled into one. There is a criminal case where the person faces potential jail time and fines as well as probationary conditions. There is also a separate civil case where the person may face license revocations, plate impoundments, and even vehicle forfeitures. To challenge the civil penalties a driver must file for a review, either an administrative reive or judicial review, within thirty (30) days of the revocation, cancellation or impoundment.

What are License Revocation periods?

The license revocation preiods change all the time. In May, 2009, the revocation periods areL: (1) 90 days for a person with no qualified prior impaired driving incident within the past ten years and no other aggravating factor was present in the current incident (reducible to 30 days upon DWI conviction for a first-time offender) (2) six months, if violator is under age 21 (3) 180 days, if person has had a qualified prior impaired driving incident within ten years double the applicable period above, if the person was arrested with an alcohol concentration of .20 or more or while having a child under age 16 in the vehicle (4) one year, if the person refused to submit to the chemical test of blood, breath, or urine (reducible to 90 days upon DWI conviction for a first-time violation) (5) cancelled and denied indefinitely as inimical to public safety, pending treatment and rehabilitation for a third or more impaired driving violation within a ten-year period .

Additional Resources

Author: Maury D. Beaulier is a recognized leader in DWI and criminal defense. He is a sought after speaker and has appeared on National programs on a myriad of issues. He can be reached from his website at http://www.dwicounsel.com

Minnesota DWI Lawyers