Driving while intoxicated (DWI) is a criminal offense that puts a lot on the line. From short-term setbacks to long-term repercussions, there are a number of penalties and adverse consequences defendants face. In some cases, depending on the charge involved, those penalties can have a life-altering impact.
If you or someone you love has been charged with DWI, knowing what’s on the line is critical to helping you understand the importance of working with proven defense attorneys like those at Caplan & Tamburino Law Firm, P.A. Over the years, our legal team has successfully defended clients charged with DWIs involving all types of various circumstances, including cases involving some of the most serious charges our criminal justice system has to offer. When you stand accused, there’s simply no substitute to working with a tried and true team of lawyers.
Understanding the Penalties
DWI is a criminal offense that can result in penalties being handed down by both the criminal court and administrative penalties from the Minnesota Department of Public Safety. There are also varying degrees of DWI:
- Fourth-degree misdemeanor – Typically charged against first-time DWI offenders with no aggravating factors involved in the case.
- Third-degree misdemeanor – May be charged against a first-time offender if there is an aggravating factor present in the case, or when a breathalyzer or chemical test is refused.
- Second-degree gross misdemeanor – May be charges against first-time offenders when there are two aggravating circumstances involved and/or when a chemical test is refused.
- First-degree felony – As the most serious charge, felony DWIs are typically prosecuted against drivers with three or more prior DWI violations. When there are no priors, a first-time offender may be charged with a felony if they cause an accident that results in injury or death.
Generally, first time DWI offenders face the following range of penalties:
- Driver’s license revocation
- License or vehicle impoundment
- Up to 90 days imprisonment (misdemeanor)
- Up to 1 year in jail (gross misdemeanor)
- Up to $3,000 in fines
- Community Service
- Court-ordered classes
In addition to these penalties, there are also a host of associated consequences, including those involving employment, financial expenses, and difficulties caused by an inability to drive. In a previous blog, we discussed the costs associated of a Minnesota DWI conviction, including the hefty fines and fees.
Criminal penalties for DWI, as with any criminal charge, will vary drastically on the individual facts and circumstances involved. While prior convictions are a well-known factor for elevated penalties in DWI cases, there are also other factors that can expose defendants to additional penalties, more severe sentences, additional charges, and even felony allegations. Some of these common factors include:
- Driving with a minor passenger
- Being involved in an accident
- Hit and run
- Accidents resulting in injury or death
- Driving with an open container
- High BAC levels
- Driving on a suspended license
- Refusing a breathalyzer test or blood test
Even if you are arrested and charged with DWI as a first offense, the resulting penalties can vary drastically depending on what was involved in your arrest. While some factors may expose defendants to a moderate increase in penalties, such as driving with an open container or having a higher BAC, others may result in felony allegations and the potential for multi-year prison sentences. This is especially true in cases involving accidents, hit and runs, injuries, and deaths. Because every case is different, however, it is best to work with an attorney who can help you understand how aggravating circumstances play a role in your case.
After a DWI charge, the time to act is now! Our Minneapolis DWI attorneys at Caplan & Tamburino Law Firm, P.A. are standing by to help. Contact us for a FREE consultation 24/7.