Select Page

Second Offense DWI in Minnesota

DWI Using a Recreational Vehicle?
Get a free case evaluation

If you are facing your second DWI charge in the last ten years, you’re up against a more serious charge this time around. One possible aggravating factor in Minnesota is having one or more previous DWI convictions in the last decade, which means the severity of your charges will automatically be increased. Minnesota’s impaired driving penalties can be quite severe, so when you’re facing a second offense DWI in Minnesota, it pays to work with an experienced DWI lawyer.

Minnesota Second Offense DWI Laws

Minnesota levels of DWI charges are largely based on how many (if any) previous DWI convictions a defendant has. They range from fourth degree to first degree DWI, with the former being a standard first-time DWI charge.

If you have previously been convicted of DWI, you may have a good grasp on the factors the prosecution must prove to obtain a conviction. If it’s been a while since your last conviction, it’s best to brush up on the definition of driving while impaired: driving, operating, or being in physical control of a motor vehicle while:

  • Under the influence of alcohol or drugs
  • Having a BAC (blood alcohol concentration) of at least .08%
  • Knowingly being under the influence of a hazardous substance that can significantly impair driving abilities
  • Having any amount of a Schedule I or II drug in the body (with the exception of marijuana)

Minnesota’s DWI laws are constructed to make subsequent DWIs within a ten year period more serious than the original charge. The second time you are charged with DWI in Minnesota, you will be faced with a gross misdemeanor. 

Minnesota Second Offense DWI Penalty

The penalties for DWI are twofold: first, there are the criminal penalties. These penalties, such as fines and jail time, are implemented once the defendant is convicted, although you may still spend time in jail before your bail is set. The maximum penalty for a second DWI is one year of jail time and a fine of $3,000.00.

There are also administrative sanctions that will affect you as soon as you are arrested. These penalties are administered by the Minnesota Department of Public Safety. For a second DWI charge in ten years, the administrative penalties include plate impoundment and driver’s license revocation for at least a year. Plate impoundment refers to what are commonly called “whiskey plates” in Minnesota. The defendant must surrender the license plates of all vehicles in their name (even if they are driven by another family member). If they would like to drive these vehicles again, they must apply for whiskey plates. This is incredibly inconvenient for the entire family, and it can be embarrassing to have whiskey plates on your vehicles – especially if your spouse or child is the primary driver. Fortunately, recent law changes make it possible for us to avoid whiskey plates for our clients in many cases.

DWI-DUI Lawyers in Minnesota

Clearly, it’s incredibly important to take your DWI charge seriously to avoid significant penalties. If you’re facing a second DWI charge in ten years, you will need the timely advice of an experienced DWI defense attorney. As soon as you or a loved one has been arrested for DWI, contact Sieben Edmunds Miller. Our criminal defense attorneys have dedicated their practice to representing and protecting the rights of the accused. We have the legal experience needed to craft a successful defense while ensuring that your rights are protected. Call our office at (651) 994-6744 or submit your information and we’ll be in touch shortly.

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

Understanding Implied Consent Laws in DWI Cases

Understanding Implied Consent Laws in DWI Cases

Encountering law enforcement during a DWI stop can be an anxiety-inducing experience, especially if you're unsure about your rights and how to navigate the situation. Without a clear understanding of your rights, even routine interactions with the police can escalate,...

DWI Traffic Stops: Know Your Rights and Responsibilities

DWI Traffic Stops: Know Your Rights and Responsibilities

A DWI traffic stop occurs when a Minnesota law enforcement officer apprehends a driver who is suspected of operating under the influence of alcohol or drugs. Law enforcement often stops drivers who are driving “suspiciously” or not obeying traffic laws. While these...

Common Defenses for DWI Cases: Exploring Your Legal Options

Common Defenses for DWI Cases: Exploring Your Legal Options

Facing a DWI charge can be a stressful and overwhelming experience. But if you’ve found yourself charged with DWI, it's important to remember that a charge doesn’t automatically lead to a conviction. With the right legal representation and a solid defense strategy,...

Can You Get A DWI on an ATV?

Can You Get A DWI on an ATV?

Taking your ATV for a spin during a beautiful Minnesota summer can be a great time, but there’s one thing that doesn’t mix well with ATVs: alcohol. It's essential to understand the potential consequences you may face if you choose to operate an ATV under the influence...

Free Case Evaluation

Contact Info