What Is a 4th Degree DWI in Minnesota?
4th Degree DWI in Minnesota is a misdemeanor offense. This typically occurs when there are no aggravating factors — meaning there is no qualified prior impaired driving incident within the last ten years, the alcohol concentration was below .16, and there was not a child under the age of 16 in the vehicle who was more than 36 months younger than the driver.
Under Minnesota law, a person can be charged with DWI for driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, an intoxicating substance, cannabis, or a combination of those substances. A DWI can also be based on an alcohol concentration of .08 or more, or .04 or more in a commercial motor vehicle.
How Can a 4th Degree DWI Be Defended?
While many jurisdictions have “standard” offers for first-time offenders, these can be improved dramatically based upon a proper defense strategy. When we handle DWIs, we take the time to understand the big picture and what is truly at stake for our clients because every case is unique and every client has unique needs that must dictate our approach to the case.
Understanding this, we implement a two-prong approach. First, we, of course, diligently review the state’s evidence to determine whether there are any legal defenses — such as a stop issue or probable cause issue — worth fighting and asking for the Court’s review that can lead to a dismissal of the case.
Second, we work with our clients to develop a plan to put our clients in the best position possible to obtain the most favorable plea deal. Proactive measures by our clients can lead to atypical results that truly allow our clients to succeed going forward. Through this approach, a standard offer to plead guilty as charged turns into a non-standard result, such as a careless driving, even on a .15 case for instance, or even a speeding ticket plea.
What Are the Consequences of a 4th Degree DWI?
Because 4th Degree DWI is a misdemeanor, Minnesota law allows a sentence of up to 90 days in jail, a fine of up to $1,000, or both. Typically, a 4th Degree DWI conviction will result in 1-2 years of probation and/or a fine between $300-500, with the possibility of community work service and a requirement to complete a chemical dependency evaluation and follow any recommendations for substance abuse treatment or programming.
Being placed on probation results in an additional probation fee of several hundred dollars. Even if a client decides to plead to a DWI, we are regularly successful in negotiating sentences that do not include community work service, minimize the fine, and the client is not placed on supervised probation, but rather placed on unsupervised probation, which saves our clients significant money and the hassle associated with traditional probation. These may seem like small victories, but our clients are always appreciative, knowing that we have fought the entire time to get the best possible outcome. Beyond these criminal consequences, any conviction also results in a loss of license for 30 or 90 days.
What 4th Degree DWI Case Results Has North Star Criminal Defense Achieved?
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.
Where Can I Find More Detailed Information About Minnesota DWI Law?
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 4th Degree DWI Be Expunged in Minnesota?
1 in 7 Minnesotans has a DWI on their record, and 49% of all Minnesota DWI arrests are of first-time offenders. This means that 4th Degree DWI is a relatively common conviction for Minnesotans. If you have a prior 4th Degree DWI conviction 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.
A 4th Degree DWI is a misdemeanor DWI charge under Minnesota law. It generally applies when a person violates Minnesota’s DWI law and the case does not involve aggravating factors that would raise the charge to a higher degree.
Aggravating factors include a qualified prior impaired driving incident within the ten years immediately preceding the current offense, an alcohol concentration of .16 or more, or having a child under 16 in the vehicle if the child is more than 36 months younger than the driver. These factors matter because they can change how the case is charged and punished.
Not always. A first-time DWI is commonly charged as 4th Degree DWI, but the presence of an aggravating factor, such as an alcohol concentration of .16 or more or a qualifying child passenger, can change the charge.
Under Minnesota law, a misdemeanor can carry up to 90 days in jail, a fine of up to $1,000, or both. In practice, a typical 4th Degree DWI sentence often involves probation, a fine, and requirements such as a chemical dependency evaluation.
Yes, depending on the facts and the defense strategy. The page describes cases where a standard offer to plead guilty as charged can become a non-standard result, such as careless driving or even a speeding ticket plea.
Potential defenses may include challenging the legality of the traffic stop, probable cause, or other parts of the state’s evidence. North Star Criminal Defense reviews the evidence to determine whether there are legal defenses worth presenting to the Court.
Yes. Beyond the criminal consequences, a DWI conviction can result in a loss of license for 30 or 90 days, and license issues often need to be addressed separately from the criminal case.
A prior 4th Degree DWI conviction may be eligible for expungement depending on the circumstances and timing. Even if you are not yet eligible, it can be beneficial to start understanding the process and what options may become available.
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.