1st Degree DWI in Minnesota
What Makes a DWI a 1st Degree DWI in Minnesota?
1st degree DWI in Minnesota is a felony offense. Unlike the previous levels of offense, a felony does not rely upon “aggravating factors.” Instead, a felony results when the defendant violates Minn. Stat. § 169A.20 and has: (1) committed the violation within ten years of the first of three or more “qualified prior impaired driving incidents,” (2) a previous felony DWI conviction, or (3) a certain prior criminal vehicular operation felony conviction. Because a previous felony DWI conviction can be used to enhance any future DWIs, once you are a felon, you are always a felon for DWI purposes. The number of priors within ten years is irrelevant at that point for future DWIs. The maximum penalty carries up to seven years of imprisonment and/or a $14,000.00 fine.
What Are the Criminal Consequences of a 1st Degree DWI?
If you’re convicted of a 1st degree DWI, you will almost certainly face jail time. While the State may seek prison time, the amount of time you will need to serve will depend on the circumstances of the DWI and past DWI convictions. With that being said, it is possible to limit this exposure based upon potential proactive steps – such as chemical dependency treatment and programming – which may lead to much more lenient sentencing, including significantly less jail time.
Under Minnesota’s felony DWI sentencing statute, the court must sentence a person convicted of 1st degree DWI to imprisonment for not less than three years, though the court may stay execution of that mandatory sentence in certain circumstances. If the court commits the person to the custody of the commissioner of corrections, a five-year conditional release period applies after release from prison.
What Happens to My Driver’s License After a 1st Degree DWI?
Additionally, your driver’s license will be revoked for an extended period of time. For a person with three or more qualified prior impaired driving incidents, full driving privileges generally cannot be reinstated until the person completes a licensed substance use disorder treatment or rehabilitation program and participates in the ignition interlock device program for not less than 10 years. The commissioner must also cancel the license and deny reinstatement for a person with two or more qualified prior impaired driving incidents who is convicted of DWI until the person complies with the law and establishes rehabilitation according to the commissioner’s standards.
If your license is reinstated through ignition interlock, alcohol-related violations can extend the required ignition interlock period. This includes registering a positive breath alcohol concentration of 0.02 or higher on an ignition interlock device or being convicted of an alcohol-related offense that does not involve driving.
Case Results for 1st Degree DWI in Minnesota
To see just how successful our approach is, here are some representative case results:
State v. A.V.
Charges: 1st Degree DWI
Resolution: Case out of Anoka County. After motion practice, Client permitted to plead to a gross misdemeanor offense with only house arrest, a minimum fine, and drastically reduced probation, solely to the Court. Perhaps most importantly–even with complete avoidance of a felony conviction–the client’s vehicle was returned at no cost. A great result for a felony charge.
State v. M.S.
Charges: 1st Degree DWI
Resolution: A misdemeanor outcome for our client. Client’s long-term relationship dissolved poorly, multiple felony counts resulted, and then two separate DWI matters allegedly occurred. An utterly inclusive and long-term commitment to sobriety, and verification of the same, changed the tenor of the case completely, and a presumptive prison sentence was avoided completely. Client is able to maintain employment, keep his home, recover his work truck, and move on with his life, and was overjoyed with his results.
Where Can I Learn More About Minnesota DWI Issues?
For more detailed information, please click on the links below:
Yes. A 1st degree DWI is a felony offense in Minnesota, and the maximum penalty is up to seven years of imprisonment, a fine of up to $14,000, or both.
A DWI becomes 1st degree if the person commits the current DWI within ten years of the first of three or more qualified prior impaired driving incidents. It is also 1st degree if the person has a prior felony DWI conviction or certain prior felony criminal vehicular operation convictions.
A qualified prior impaired driving incident includes prior impaired driving convictions and prior impaired driving-related losses of license. That can include certain DWI convictions, implied consent revocations, and other alcohol-related license actions listed in Minnesota’s DWI statutes.
Yes. Because a previous felony DWI conviction can be used to enhance any future DWIs, once you are a felon, you are always a felon for DWI purposes. At that point, the number of priors within ten years is irrelevant for future DWI enhancement.
The State may seek prison time, and Minnesota law requires a sentence of not less than three years for a felony DWI. But the court may stay execution of that sentence in certain circumstances, and proactive steps such as chemical dependency treatment and programming may help limit the exposure.
Your driver’s license will be revoked for an extended period of time. For a person with three or more qualified prior impaired driving incidents, full driving privileges generally require completion of treatment or rehabilitation and at least 10 years in the ignition interlock device program.
Yes. If a participant registers a positive breath alcohol concentration of 0.02 or higher on an ignition interlock device, the commissioner must extend the ignition interlock period. A conviction for an alcohol-related offense that does not involve driving can also extend the time required.
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.