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Minnesota Felony DWI Lawyers and DUI Attorneys

Minnesota law defines the term "felony" to mean any crime for which incarceration of more than one year may be imposed. Under the Minnesota felony DUI law, a person who commits first-degree DWI is guilty of a felony and may be sentenced to:

• Imprisonment for not more than seven years (or more than seven years if the person has a prior criminal history); and/or
• A fine of not more than $14,000.

A person is guilty of a felony if they violate the DWI statues:

• Within ten years of three or more qualified prior impaired driving incidents; or
• Has previously been convicted of a felony DUI.

Unlike non-felony DUI & DWI, being arrested with a high alcohol concentration (.20 or more) and child endangerment are not defined as aggravating factors for felony DUI & DWI. Instead, only qualified prior impaired driving incidents are considered.

Felony Sentencing

A person sentenced to incarceration in prison for Minnesota Felony DUI & DWI is not eligible for early release unless the person has successfully completed a chemical dependency treatment program while in prison.

The court must also order that after a Minnesota Felony DUI & DWI offender is released from prison, the person must be placed on conditional release for five years, under any conditions that the commissioner of corrections opts to impose, including an intensive probation program for repeat Minnesota Felony DUI & DWI offenders. If the person fails to comply with the conditions of release, the commissioner may revoke probation and return the person to prison.