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Will I go to Jail for my DWI?

by | Nov 19, 2010

The number one question on most people’s minds after being charged with a DWI is, “will I go to jail?”.  The answer to that question can vary depending upon the severity level of the DWI and the quality of lawyer you have fighting for your rights.

In Minnesota and most other states, DWI’s are enhanced, or made more serious, based on whether there are aggravating factors.   The State of Minnesota takes into account whether you have had a prior DWI/DUI, whether you had a child in the vehicle, and whether your blood alcohol level was greater than a .20.   In short, the more sever your DWI is, the more likely it is that the prosecutor will want some jail time if you are convicted.

To further complicate matters, the State of Minnesota has in place mandatory minimum sentences that specifically target those offenders with multiple DWI/DUI convictions.   Even a second DWI conviction triggers a mandatory jail sentence of at least 48 hours in jail. As you can imagine, as the number of DWI/DUI convictions go up, so does the mandatory minimum jail time.

Even with mandatory minimums, jail time is never a guarantee. Having an experienced DWI attorney at your side, you may be able to avoid jail time even in the face of a mandatory minimum sentence.  A DWI can be a complicated arrest for the police.  If they don’t follow certain procedures the whole arrest can be called into question.  A knowledgeable DWI attorney can also advise you about programs that may eliminate the mandatory minimums.   Having someone who can guide you through the system often times is the difference between time behind bars and your freedom.

If you or a loved one have been charged with a DWI, DUI, BWI or any other alcohol related driving offense your first step should be to call Kevin Sieben Law.  Kevin has handled hundreds of DWI’s/DUI cases.  With each and every case, Kevin uses his experience to ensure the best result possible.  For a Free DWI Consultation, call Kevin today at 952-224-2929.

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