Select Page

Felony DWI in Minnesota

DWI Using a Recreational Vehicle?
Get a free case evaluation

MN DWI/Drunk Driving Laws

Minnesota’s drunk driving laws may seem straightforward, but even the commonly-known BAC limit may be ignored in certain cases. The legal BAC limit is 0.08, but it is possible to be arrested at lower levels based on the scenario. If a law enforcement officer believes that you are impaired, they may arrest you for DWI even if you “pass” a breath test. It may be more difficult for prosecutors to prove your guilt without a failed Breathalyzer, but failing a field sobriety test or body cam footage of obvious impairment can still be used as evidence. These circumstances will not lead to a felony DWI, but it is important for anyone – especially those who have been convicted of a DWI in the past 10 years – to remember that things aren’t as clear-cut as they may seem. 

There are many factors that can also increase the severity of a DWI charge, but in Minnesota, the charge of felony DWI is entirely dependent on your past history. If a defendant has no past convictions, they can be charged with a maximum of a second-degree DWI. If you were under the impression that your charge is a felony but don’t have a previous criminal conviction for DWI or vehicular homicide, you may be misinformed and should speak to your criminal defense attorney.

Minnesota Drunk Driving Penalties

While a DWI misdemeanor in Minnesota will generally result in a fine and driver’s license revocation, a felony DWI is likely to come with a sentence that includes at least some jail or prison time. That’s not to say you aren’t already dealing with issues like license revocation, plate impoundment, vehicle forfeiture, chemical dependency treatment, and probation– you may have had these consequences occur during a past DWI. But for most judges, the goal after a felony DWI conviction is to get especially tough with sentencing to ensure the defendant doesn’t continue to drive while intoxicated. Minnesota’s standard sentencing guidelines mean that a judge can’t impose an extremely long sentence simply based on their own opinion of the case, but the maximum sentence for a felony DWI is seven years – still a long time to be behind bars. A criminal defense lawyer can help you ensure you don’t receive an overly harsh sentence for a felony DWI conviction.

Have you or a family member been charged with first-degree (felony) DWI? Sieben Edmunds Miller’s DWI defense lawyers can help protect the defendant’s rights and fight to obtain a fair verdict. Contact our criminal defense team to get started. 

Get a Free Case Evaluation

We are here to help. Let us evaluate your case for you. Free of charge – no obligation. Complete our free case evaluation form or call us directly at (651) 323-2464.

Recent Blog Posts

Reasonable Suspicion for a DWI Charge: Is Swerving Enough?

Reasonable Suspicion for a DWI Charge: Is Swerving Enough?

Here’s a situation our Minnesota DWI lawyers frequently encounter: a driver is stopped on suspicion of DWI. When they ask the law enforcement officer why they were pulled over, they learn that they have been accused of swerving while driving. If they are subsequently...

How Long Does A DWI Stay On Your Record in Minnesota?

How Long Does A DWI Stay On Your Record in Minnesota?

A DWI conviction can make life very difficult. It may affect your ability to get a new job, rent a house or apartment, or travel to countries with strict DWI laws. Understandably, many people who have been convicted of a DWI wonder how long they’ll have to deal with...

Is Hungover Driving Illegal in Minnesota?

Is Hungover Driving Illegal in Minnesota?

If you’re on the mend from a big night out drinking, you may be experiencing the unpleasant effects of a hangover: headache, fatigue, nausea, and general unease. We usually assume that a hangover means we’ve slept off the alcohol and we’re ready to start our day. But...

Free Case Evaluation

Contact Info