Minnesota DWI Offense Levels

A fourth degree DWI may be a misdemeanor, but it should not be taken lightly. You will generally be charged with fourth degree DWI if it is your first offense and you took a blood alcohol test that returned a result of .08 or more, but less than .16. You can also be charged with a 4th degree DWI if your results are below .08 if it is alleged that you were impaired by alcohol while driving. This charge comes with a punishment of up to 90 days in jail and a $1,000 fine.

If you are charged with a third degree DWI, your alleged crime has been escalated to a gross misdemeanor. This may be deemed necessary by the court if you have had a previous DWI charge in ten years or if you refused to take a blood alcohol test at the time of your arrest. You also can be charged with a DWI if your chemical test returns a result greater than .16. You face up to a year in jail and up to a $3,000 fine if you are convicted of a third degree DWI.

When you are charged with a second degree DWI you are facing a gross misdemeanor charge. This may be your current charge if you have been charged with two DWI offenses in the past ten years, or if you have been charged with DWI once before but aggravating factors exist. The punishment for a second degree DWI is up to one year in jail, up to a $3,000 fine, and the potential of your vehicle being seized.

A first degree DWI is considered the most serious type of DWI offense. It is a felony in the state of Minnesota. You can be charged with a first degree DWI if you have been charged with one previously, if you have a prior conviction for criminal vehicular operation, or if you have had three prior DWI incidents in the past ten years. A first degree DWI conviction is the most serious, with a potential of up to seven years in prison and up to a $14,000 fine.