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Second Time DWIs Result in Worse Penalties

According to Minnesota’s Office of Traffic Safety, one in seven Minnesota licensed drivers has a driving while intoxicated (DWI) charge on their record. While the penalties for a first-time DWI can be severe, they can be even worse for a second DWI conviction.

Minnesota DWI Penalties

In Minnesota, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. If it is your first DWI related offense and your BAC is between 0.08% and 0.16%, you will be charged with a misdemeanor.

In 2015, a law was passed to lower the BAC threshold for gross misdemeanor charges from 0.20% to 0.16%—now, if your BAC level is 0.16% or more, you will face a gross misdemeanor charge. Maximum penalties for a gross misdemeanor include up to one year in jail, $3,000 in fines, and one year without driving privileges.

Minnesota is tough on DWIs that have aggravating factors; one of these aggravating factors is having a prior DWI. Penalties for second-time DWIs, within ten years of each other, include a gross-misdemeanor charge, increased likelihood of serving jail time, and higher fines, depending on the circumstances. Furthermore, you could face harsher administrative sanctions, such as:

  • 1-2 years of no driving privileges or 1-2 years of an ignition interlock restricted driver’s license
  • License plate impoundment
  • Vehicle forfeiture

Facing a Second DWI Charge? Hire the Right Representation

Minnesota has some of the strictest laws in the country related to driving under the influence. At Caplan & Tamburino, we have over 100 years of collective legal experience ready to work for you. There are a multitude of ways for an experienced lawyer to help mitigate some of the harsher penalties for a second DWI charge. Our Minneapolis DWI attorneys have a history of successful outcomes for DWI cases and we’re here to provide the legal representation you need in this situation.

If you’re facing a DWI charge in Minnesota, contact Caplan & Tamburino Law Firm, (612) 444-5020 for a free consultation today.


What Our Clients Are Saying

  • “ Today I had a court appearance where your attorney, LIS CARLSON represented me. I must start at the beginning, MS. CARLSON returned my phone call to her with in an hour of my first call to your office. I was overwhelmed with gratitude for the quick response to my call & most important how LIS immediately made me feel, she was professional, caring, her ability to immediately know that I was a total mess. Before she finished with my call she made sure that I was alright, her compassion for me was extremely needed. I immediately felt there couldn’t be a better attorney in the state better than LIS! Throughout this entire process, Lis was a pillar of strength. I was amazed at how she handled everything with extreme care & some very excellent, professional legal skills. I count my blessings but I count them twice when I came to LIS. The world needs more people like LIS, smart, intelligent, kind and caring.” - P.G.
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