Driving Under the Influence in Minnesota -
Is it a Misdemeanor or a Felony?
An arrest for driving under the influence (DUI) in Minnesota can be a
very confusing process. Sometimes it’s difficult to even decipher
what you’ve been charged with and how many charges you actually face.
Let’s try to clarify Minnesota DUI charges.
In Minnesota, driving under the influence automatically results in two
cases. The first is a criminal case resulting from your arrest for the
DUI. The second case is an administrative case coordinated by the Department
of Licensing which results in your loss of driving privileges for a specific
period of time if the Department determines you were DWI when you were
arrested.
Both cases can be complicated and time consuming. There are also strict
deadlines to file certain papers or you automatically lose the right to
contest certain things. This is why it’s so vital to seek the assistance
of Minnesota DWI attorneys as soon as possible.
Many factors affect what you may be legally prosecuted for and what may
be taken away from you. For instance, if you refused to comply with the
chemical test request, you may face additional criminal charges. Or if
you have a previous DUI offense, you may face gross misdemeanor or even
felony DUI charges.
Plus, your vehicle may be subject to permanent forfeiture, and your driver’s license
may be revoked for months --- or even years. Potential consequences may
seem overwhelming. That is why you must face them directly with a strong
drunk driving defense.
The role of your Minnesota DWI attorneys are multifold. They act as an
advocate on your behalf with the prosecutor and the judge. In addition,
they examine the charges and the evidence related to your driving under
the influence arrest. Finally, your attorneys mount an aggressive drunk
driving defense that limits your exposure to penalties and may sometimes
even get the charges and consequences completely dismissed.
In Minnesota, a first time conviction for a DUI could result in up to
90 days in jail, up to $1000.00 in fines and mandatory participation in
an alcohol education or chemical dependency treatment program. Typically,
these charges are misdemeanors.
However, if certain aggravating factors apply, it is possible to be prosecuted
for a gross misdemeanor crime even if you have never had an alcohol-related
driving offense in the past. Gross misdemeanors carry up to a year in jail
and a $3000.00 fine.
Repeat DUI charges may result in felonies carrying three (3) years of
imprisonment and a $14,000.00 fine. If there is an accident resulting in
death or significant injury to another person, felony charges will be brought
which can result in even more years of prison.
In any case, there are other civil consequences pertaining to your driving
privileges and/or vehicle insurance and ownership as well.
As part of your drunk driving defense, your Minnesota DWI attorneys will
attempt to get the charges dismissed, reduced, or acquitted. It may be
possible to negotiate a brief sentence, a reduction of fines, and a license
which allows you to drive to and from work. An experienced attorney will
handle your DUI charge in a way that makes it possible for you to carry
on with your life as your case is pending --- and put it back together
when the matter is finally resolved.
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:dvhazelton@aol.com
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