In Minnesota, driving while intoxicated (DWI) is a serious offense, and the penalties increase with each subsequent offense. The state categorizes DWIs into different degrees of severity, ranging from first-degree (the most serious) to fourth-degree (the least serious, but still carries significant consequences).
This article will focus specifically on fourth-degree DWI in Minnesota. We’ll explain what constitutes a fourth-degree DWI, the potential penalties you could face, and possible legal defenses you might have.
Understanding Minnesota’s DWI laws is crucial, and seeking legal counsel is highly recommended. Navigating the legal system alone can be incredibly complex and challenging, especially when facing DWI charges.
What Constitutes Fourth-Degree DWI in Minnesota?
Minnesota law defines Driving While Intoxicated (DWI) as operating a motor vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher within two hours of driving. The law also applies if you’re under the influence of alcohol, controlled substances, or any other substance that impairs your ability to operate a vehicle safely. Commercial drivers face stricter BAC limits of 0.04%.
The severity of a DWI charge can increase if there are “aggravating factors” involved.
Fourth-Degree DWI is usually a misdemeanor offense. This charge typically applies to first-time offenders when there aren’t any aggravating factors present. A BAC level between 0.08% and 0.16% typically results in a Fourth-Degree DWI charge.
Aggravating factors can lead to higher-degree DWI charges. For example, a higher BAC level, prior DWI convictions, or having a child passenger in the vehicle can result in more serious charges. Repeat offenses can even escalate to felony charges.
Penalties and Consequences of Fourth-Degree DWI
A DWI is a serious charge with serious consequences. In many states, a fourth-degree DWI is considered a misdemeanor offense. Here’s a look at the kinds of penalties you might face if you’re convicted.
Criminal Penalties
If you’re convicted of a fourth-degree DWI, you could be looking at:
- Fines of up to $1,000 (although fines are more often in the $300 to $500 range)
- Jail time of up to 90 days
- Probation, typically lasting for 1 to 2 years
The court may also order you to perform community service and/or undergo a substance abuse evaluation.
Driver’s License Implications
A fourth-degree DWI will trigger a driver’s license revocation process. Typically, your license will be revoked for 90 days. However, if you’re a first-time offender and you plead guilty, you may be eligible for a reduced revocation period of just 30 days.
You may also be required to install an Ignition Interlock Device (IID) on your vehicle as a condition of getting your license reinstated. An IID is a breathalyzer that’s connected to your car’s ignition system. You have to blow into the device before you can start the car, and if the device detects alcohol, the car won’t start.
To get your license reinstated, you’ll have to pay fees and complete any DWI programs the court orders you to complete.
Additional Consequences
A DWI conviction creates a criminal record, which will show up on background checks. This can affect your ability to get a job or rent an apartment.
A DWI conviction can also increase your insurance rates, sometimes substantially.
Defenses Against Fourth-Degree DWI Charges
If you’re facing a fourth-degree DWI charge, the stakes are high, and you need to know your options. Here’s how a strong defense strategy can make all the difference.
The Importance of Legal Representation
First and foremost, get a good DWI defense attorney on your side. Navigating the legal system is tricky, and a lawyer can make sure your rights are protected every step of the way. The sooner you consult with an attorney, the better.
Your attorney will carefully review the evidence against you and negotiate with prosecutors on your behalf.
Common Defense Strategies
There are several ways to challenge the prosecution’s case. For instance, was the initial traffic stop even legal? Did the officer have probable cause to suspect you were driving drunk? Were there issues with the breathalyzer or blood test results?
It might be possible to negotiate a plea bargain, in which the fourth-degree DWI charge is reduced to a less serious offense, such as careless driving or speeding.
Personalized Defense Approaches
Every case is unique, so your defense strategy needs to be tailored to your specific circumstances. A good attorney will consider the “big picture” implications of your case to guide the defense strategy.
With an attorney’s help, you may be able to negotiate a plea deal that’s even better than the standard offers.
Can you expunge a conviction for fourth-degree DWI?
In Minnesota, it is possible to have a fourth-degree DWI conviction expunged.
Understanding expungement
Expungement is a process in which a criminal record is sealed, making it unavailable for most public record searches.
Requirements for expungement
To be eligible for expungement, you must have completed your sentence, including any probation, fines, and treatment programs you were required to attend. You also must wait at least two years after completing your sentence before you can apply for expungement. It’s critical that you comply with all the terms of your sentencing if you want to increase your chances of having your record expunged.
Benefits of expungement
If you are granted an expungement, your employment opportunities may expand, and you’ll no longer face the stigma that comes with having a criminal record.
Key Takeaways
If you’re facing a Fourth-Degree DWI in Minnesota, remember that even though it’s classified as a misdemeanor, the consequences can still be serious and life-altering. You could face jail time, fines, and a criminal record that can impact your job prospects and other opportunities.
That’s why it’s so important to seek legal counsel as soon as possible. A qualified DWI defense attorney can help you understand your rights and options and navigate the legal process.
If you’ve been charged with a DWI, the first thing you should do is contact an attorney. Take proactive steps to protect yourself and your future. Depending on the circumstances, it may also be possible to expunge the DWI from your record down the road, providing a fresh start.