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I Was Just Charged with my Second DWI. What Happens Now?

by Jun 6, 2019Criminal Defense Attorney, Dea Cortney, DWI / DUI

By Dea Cortney |

DUI/DWI penalties in Minnesota vary greatly depending on whether you have any previous violations and the circumstances of your arrest, including your blood alcohol concentration (BAC). If you were recently arrested for a DWI, you should consult with a DWI defense attorney Mendota Heights right away to review the specifics of your case.

Though we can’t provide a definite penalty for your charge, in this post we cover the penalties typical for second time DWI cases in Minnesota. Check back soon for future posts on repeat DWI offenses. Or, see our last post on first time DWI.

DWI Offense Criminal Penalties

It is a crime to drive, operate, or be in control of a motor vehicle in Minnesota under the influence of alcohol or a controlled substance and/or when a person’s alcohol concentration is 0.08 or more. If you have already been convicted of a DWI within the past ten years, you may be charged with a gross misdemeanor if you drive (or operate or control) a motor vehicle with a BAC over .08. Because of Minnesota’s implied consent laws, refusal to take a test is a gross misdemeanor. A test refusal will always be considered an additional charge to a DWI.

Ignition Interlock

Ignition interlock is a blood alcohol measurement machine that can be installed in one’s vehicle. The driver blows into the machine in order to start the vehicle and periodically while driving. The car will not start if alcohol is detected. Although there is a cost to use the program, ignition interlock gives those with revoked licenses an option to drive sooner than they otherwise might.

Other factors

The information above pertains to typical third-degree gross misdemeanor DWI (BAC under 0.16) or second-degree gross misdemeanor DWI (BAC at or above 0.16) with no additional aggravating factors. Each case is unique, and you should speak with an experienced Criminal Defense Attorney for individualized advice.

Many factors may significantly impact your case, including past criminal history. Other factors that may elevate the crime could include driving with an open container, possession of drugs or a firearm, driving on a suspended license, having a minor in the car, being a minor, and/or being involved in an accident. Accidents resulting in injury or death may turn a DWI into a felony.

Contact a Minnesota DWI Defense Attorney

If you’ve been arrested and are facing a DWI charge you will need the advice and expertise of an experienced DWI defense attorney. Call the dedicated attorneys at Sieben Edmunds Miller PLLC to have them start working on your case today.

While the maximum criminal penalties for a second DWI do not vary based on whether your BAC is at or over 0.16, the administrative sanctions are more severe if you test at twice the legal limit or higher.

Administrative Sanctions

In addition to criminal penalties, DWI carries administrative (or civil) penalties. Because of the implied consent laws, a driver may be subject to these penalties EVEN IF THEY ARE NOT CONVICTED of a crime unless they TAKE PROMPT ACTION to prevent license revocation.

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