DWI Penalties

Minneapolis DWI Attorneys & Lawyers

When a driver is arrested for a first-degree or second-degree DWI, they must be taken into custody and detained until their first court appearance Then, the court will set bail and specify conditions of release.

Call us today at 763.323.6555 or contact us by e-mail to schedule a free consultation. Protect your rights if you've been charged with drunk driving.

Conditions of Release

A driver charged with any of the following offenses may be granted pretrial release from detention, but only if the person agrees to abstain from alcohol and to submit to remote electronic alcohol monitoring (REAM) involving daily breath-alcohol measurements:

  • A third implied consent or DWI violation within ten years;

  • A second violation, if under 19 years of age;

  • A violation while already cancelled as inimical to public safety for a prior violation; or

  • A violation involving an alcohol concentration of .20 or more.

Further conditions apply to a person charged with a fourth or more violation within ten years, including:

  • Impoundment of the vehicle registration plates, or impoundment of the off-road recreational vehicle or motorboat itself, if one was being driven;

  • A requirement for reporting at least weekly to a probation officer, involving random breath alcohol testing and/or urinalysis; and

  • A requirement to reimburse the court for these services upon conviction for the crime.

Chemical Dependency Assessment

Every person convicted of DWI, or a reduced charge, must submit to a chemical use assessment  prior to sentencing. The court will order the person to comply with the recommendations in the assessment if the driver is convicted for a repeat offense within ten years, or the conviction was for DWI with a blood alcohol content of .20 or more.

Mandatory Minimum Sentences for Repeat Offenders

Upon conviction for drunk driving, repeat offenders are subject to the following mandatory minimum criminal penalties:

  • Second DWI offense within ten years: 30 days incarceration, at least 48 hours of which must be served in jail/workhouse, with eight hours of community work service for each day less than 30 served;

  • Third DWI offense within ten years: 90 days incarceration, at least 30 days of which must be served consecutively in a local jail/workhouse;

  • Fourth DWI offense within ten years: 180 days of incarceration, at least 30 days of which must be served consecutively in a local jail/workhouse;

  • Fifth DWI offense within ten years: One year of incarceration, at least 60 days of which must be served consecutively in a local jail/workhouse.

For all repeat offenders, the court may order that the person spend the remainder (non-jail portion) of the mandatory minimum sentence under REAM or on home detention.

Contact Us for a Free Consultation

If you've been charged with a DWI, we know you have many unanswered questions. The sooner you involve an experienced defense attorney, the better able we will be to gather evidence and address other important elements of your case. Contact our Minnesota DWI defense firm now at 763.323.6555 to schedule a free consultation with one of our lawyers.

Client Testimonial: "The Brown Law Offices was wonderful to work with. They helped us through a very difficult time. They took the time to listen, answer all our questions and put our minds at ease. Cynthia gave us all our options and helped us to make the best decisions for our case. We would highly recommend her law firm." - Rochelle B., St. Cloud, MN

Serving Clients Statewide

Our Minnesota DWI defense lawyers represent clients throughout Minnesota, including the Twin Cities of Minneapolis and St. Paul, Duluth, Rochester, Mankato, St. Cloud, Moorhead, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville and Woodbury.

Contact the Brown Law Offices, P.A. by e-mail or call 763.323.6555 to schedule a free consultation with an experienced Minneapolis, Minnesota, DWI lawyer.

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