2nd Degree DWI in Minnesota
What Is a 2nd Degree DWI in Minnesota?
2nd Degree DWI in Minnesota is a gross misdemeanor offense. Under Minn. Stat. § 169A.25, that means there were two or more aggravating factors at the time of the offense or there was a refusal with one or more aggravating factors present. As a gross misdemeanor, the maximum penalty is up to 364 days in jail, a $3,000 fine, or both.
Mandatory penalties and long-term monitoring may apply. License plates may be impounded. And, the vehicle will be subject to forfeiture. Because only a 2nd Degree DWI allows for forfeiture of the vehicle, negotiating a plea to a lesser degree is more complicated when facing 2nd degree charges.
When Will You Be Charged With a 2nd Degree DWI?
You will be charged with a 2nd degree DWI if the following factors apply:
- You have two qualified prior impaired driving incidents in the past ten years;
- Your alcohol concentration was at .16 or above or you refused the test, and you have a qualified prior impaired driving incident within the past 10 years; or
- Your alcohol concentration was at .16 or above and you had a child under the age of 16 in the vehicle at the time of the incident, if the child was more than 36 months younger than you.
A qualified prior impaired driving incident is broader than just a prior DWI conviction. It includes prior impaired driving convictions and prior impaired driving-related losses of license. Each qualified prior impaired driving incident within the ten years immediately preceding the current offense is counted as a separate aggravating factor.
What Counts as an Aggravating Factor?
The aggravating factors for a Minnesota DWI include: a qualified prior impaired driving incident within the ten years immediately preceding the current offense; having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense; or having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.
These aggravating factors matter because they determine the degree of the offense. For a 2nd Degree DWI, the State must be able to prove either two or more aggravating factors for a DWI charge, or one aggravating factor for a test refusal charge.
What Are the Consequences of a 2nd Degree DWI?
If you’re convicted of a 2nd degree DWI, you will likely face jail time. The amount of time you will need to serve will depend on the circumstances of the DWI and the number of past qualified prior impaired driving incidents.
If there are two qualified prior impaired driving incidents within the last 10 years, the statutory minimum requires 90 days of incarceration, with at least 30 days served consecutively in a local correctional facility. The court may order that not more than 60 days of that minimum penalty be served on home detention or in an intensive probation program.
If you have one qualified prior impaired driving incident with a current 2nd Degree DWI charge, the statutory minimum requires a minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility. The statute also allows the court to order 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. Though, due to the elevated reading, most jurisdictions will initially ask for a stiffer penalty.
And if the 2nd Degree DWI stems from a high reading and the presence of a child in the car, no statutory minimum jail sentence is in play under the repeat-offender mandatory minimum statute, but rest assured the State will seek stiff penalties that include time in custody. In addition, when a person is convicted of DWI with an alcohol concentration of 0.16 or more, or when the violation occurs within ten years of one or more qualified prior impaired driving incidents, the court must order the person to submit to the level of care recommended in the substance use disorder assessment.
Can Mandatory Minimum Sentences Be Avoided?
Despite the presence of statutory minimum sentences, these can be avoided with a proper legal strategy. These are always negotiable and there are many proactive steps a client can take to improve their situation to receive a better outcome. Further, some jurisdictions – like Hennepin County for instance – have DWI Court – an alternative court that is designed to help repeat offenders tackle the underlying issues with alcohol. DWI Court involves intensive oversight by the Court and probation, and it is time-consuming, but the client can avoid lengthy jail sentences and get the care necessary to really tackle potential alcohol problems. Clients that have entered this program have been successful and are pleased with the decision to do it.
We explore this option, as well as others, in developing and implementing a personalized legal strategy to best serve our clients’ needs. A 2nd Degree DWI attorney is critical to help counsel and guide you through this complicated maze and put you in the best position moving forward.
Case Results
We have successfully defended countless DWIs for our clients, including negotiating DWI charges down to speeding tickets. Check out our DWI Case Results page to see more.
For more detailed information, please click on the links below:
- Mandatory Penalties
- Bail and Conditional Release
- Field Sobriety Tests
- Implied Consent Law
- Defenses
- License Consequences (IID and Limited License)
- Plate Impoundment
- Vehicle Forfeiture
- Miscellaneous DWI Laws
Can a 2nd Degree DWI Be Expunged in Minnesota?
If you have a prior 2nd Degree DWI conviction from over four years ago and are looking to get that expunged off your record, you can visit our DWI expungements page to see what options you may have to clear your record. We have experience expunging Minnesota DWI convictions all throughout the state, allowing our clients to move on with their lives. Even if you’re not yet eligible, it will be beneficial to talk to us as we can start walking you through the process of getting your DWI expunged once you are eligible.
No. 2nd Degree DWI is a gross misdemeanor in Minnesota. A gross misdemeanor can carry up to 364 days in jail, a $3,000 fine, or both.
A DWI becomes a 2nd Degree DWI when two or more aggravating factors were present at the time of the offense. A test refusal becomes a 2nd Degree DWI when one aggravating factor was present.
The main aggravating factors are a qualified prior impaired driving incident within the past ten years, an alcohol concentration of 0.16 or more, or having a child under 16 in the vehicle if the child is more than 36 months younger than the driver. Each qualified prior impaired driving incident counts separately.
It can. Minnesota law defines a qualified prior impaired driving incident to include prior impaired driving convictions and prior impaired driving-related losses of license. That means the prior incident analysis is broader than simply counting prior DWI convictions.
If you’re convicted of a 2nd degree DWI, you will likely face jail time. The amount depends on the circumstances of the DWI and the number of past qualified prior impaired driving incidents.
If there are two qualified prior impaired driving incidents within the last 10 years, the statutory minimum requires 90 days of incarceration. At least 30 days must be served consecutively in a local correctional facility, and the court may allow up to 60 days to be served on home detention or in an intensive probation program.
Some jurisdictions, like Hennepin County, have DWI Court. It involves intensive oversight by the Court and probation, and it is time-consuming, but it can help repeat offenders address the underlying issues with alcohol and avoid lengthy jail sentences.
If you have a prior 2nd Degree DWI conviction from over four years ago, you may have options to seek expungement. Even if you’re not yet eligible, it can be beneficial to talk through the process and timing before you become eligible.
North Star Criminal Defense – Proven Success in Fighting DWI Charges
The Minnesota DWI attorneys at North Star Criminal Defense have over 45 combined years of successfully defending DWI charges of all degrees and throughout multiple jurisdictions. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of DWI, you need to contact us right away.