Laws prohibiting driving under the influence (DUI), also referred to as driving while intoxicated (DWI), can be violated in a many different ways.  In Minnesota, it is illegal to operate a motor vehicle, or be in physical control of a motor vehicle,  with a blood alcohol content (BAC) over .08.   It is also illegal to have such a BAC within two hours of driving.  Minnesota laws also prohibit drivers from being under the influence of alcohol, controlled substances, hazardous substances, or any combination of them.   Simply having certain controlled substances in your blood likewise violates the DUI laws.

It is also important to note that DWI in Minnesota is not limited to cars, trucks, and motorcycles.  Individuals caught driving boats, ATVs, airplanes, or snowmobiles while under the influence can also be charged with DUI.    Operators of commercial vehicles and bus drivers have more have lower thresholds for violating the law.

It is also a crime to refuse to submit to a test of your blood.  In some circumstances involving accidents, your blood can be drawn even without your consent.   Significantly, you do have the right to consult an attorney before submitting to a test.

If you cause an accident while under the influence and there are injuries, you can also be charged with criminal vehicular operation.  If death results, you may be charged with criminal vehicular homocide.

If you are found guilty of a DUI offense, there are collateral consequences, including driver’s license suspension.  The length of suspension depends on the severity of the offense.  In some cases, your license may be cancelled altogether.   Similarly, for more serious DUI offenses you may have other collateral consequences, including forfeiture of the vehicle.

Generally, repeat offenders face greater consequences, including the possibility of mandatory jail or prison time, and increased fines.

There are felony, gross misdemeanor, and misdemeanor DUI/DWI:

• First Degree  DUI/DWI – a Felony
• Second Degree DUI/DWI – a Gross Misdemeanor
• Third Degree   DUI/DWI – a Gross Misdemeanor
• Fourth Degree DUI/DWI – A Misdemeanor

Generally, the degree charged depends on the driver’s history,  and whether there are “aggravating factors”  present.   Aggravating factors can be the difference between a misdemeanor and a gross misdemeanor and a gross misdemeanor and a felony.

Minnesota Aggravating Factors

No matter what, you need a Minnesota DUI/DWI attorney to help you in your case.   When one or more aggravating factors are present, it is particularly important to have a strong advocate for your case.

Aggravating factors include:

• There has been a qualified driving incident in the 10 years preceding the current offense.
• The BAC was higher than .20 at the time of the offense or two hours after the offense.
• A child under the age of 16 is in the vehicle and is more than 36 months younger than the impaired driver.

Degrees Of Minnesota DUI/DWI

Here are some details regarding the degrees of DUI/DWI in Minnnesota:

• First Degree DUI/DWI – A person is charged with First Degree DWI when there has three other DUI/DWI violation within 10 years of the current offense, or the driver has a prior felony DWI or criminal vehicular operoation or homocide conviction.
• Second Degree DUI/DWI – Two or more aggravating factors must be present when the violation is committed.
• Third Degree DUI/DWI – At least one aggravating factor must be present at the time the violation is committed.
• Fourth Degree DUI/DWI – A person is charged with Fourth Degree DUI/DWI when operating any type of motor vehicle anywhere within the state of Minnesota with a BAC  .08 or while under the influence of alcohol or any controlled substance.

When any of these are charged, you will need assistance from a Minneapolis DUI/DWI lawyer to assist in reviewing the circumstances of  your case and preparing the best defense possible.   There are numerous issues to review in each case, including whether your vehicle was lawfully stopped.

Minneapolis DWI Lawyer and  Attorney

If you have been charged with a Minnesota DWI, you need a Twin Cities DWI attorney to help you in your case.  Even if you were under the influence you want an attorney to review your case and advocate for the best outcome for you.  In some cases, charges can be reduced or dismissed.

Call James Sheehy at 612-341-1011 for your free initial consultation.    Regardless of the facts, you need a strong  attorney advocating for your rights.