Alcohol and Keys

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.


Why Choose Us?

  • We’ll start your case with a FREE, no-obligation consultation
  • Attorney Joseph Tamburino is a Board Certified Criminal Law Specialist, achieved by only 3% of Attorneys
  • We have represented thousands of clients and we have handled hundreds of jury trials
  • Our attorneys have worked as prosecutors and public defenders throughout the state
  • Our team is available 24/7 – when our clients need us, we’re there for them

Book a Free Consultation 

We are available to speak with you 24/7. Don't hesitate to call us at (612) 444-5020 or fill out the form below. 
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.