Twin Cities DWI Attorney
Hire a Reputable DWI Attorney with a History of Success
In the state of Minnesota, it is illegal to drive, operate, or be in physical control of a motor vehicle while under the influence of alcohol, marijuana, and/or a controlled substance. If you are arrested for Driving While Impaired (DWI), you need the help of an experienced DWI attorney immediately. DWI laws are complex and the decisions you make after being arrested could negatively affect the results of your case. Trevor Lushanko understands the ins and outs of Minnesota’s DWI laws and has effectively defended many people against these charges in the past. Contact Lushanko Law today for a free consultation about your DWI case.
Under Minnesota statute chapter 169A, Driving While Impaired (DWI) offenses are categorized into four different degrees, each carrying varying levels of severity. A 1st degree DWI offense carries the most severe punishments whereas a 4th degree DWI results in the least severe penalties.
4th Degree DWI
Under MN statue 169A.27, a 4th Degree DWI is a misdemeanor offense that carries a maximum punishment of 90 days in jail and a $1,000 fine. You could be charged with a 4th Degree DWI if:
You are driving, operating, or in physical control of a motor vehicle while:
Under the influence of alcohol (no matter your blood alcohol concentration level).
Under the influence of a controlled substance.
Under the influence of any other intoxicating substance.
Under the influence of any combination of alcohol and an intoxicating substance.
Having a blood alcohol concentration level of .08 or higher within two hours of driving.
Having a blood alcohol concentration level of .04 or higher in a commercial vehicle within two hours of driving.
Having any amount of a Schedule I or II controlled substance in your system, or its metabolite, aside from THC or marijuana.
3rd Degree DWI
Under MN statue 169A.26, A 3rd Degree DWI is a gross misdemeanor offense that carries a maximum punishment of 1 year in jail and a $3,000 fine. You could be charged with a 3rd Degree DWI if:
You refuse to submit to a chemical test (breath, urine, blood test) for intoxication with no prior DWI convictions or license revocations due to alcohol within the past 10 years.
You commit any of the seven actions listed under 4th degree DWI with one of the following aggravating factors:
One prior DWI conviction or license revocation due to a DWI arrest within the last 10 years.
Having a blood alcohol concentration of .16 (double the legal limit) or higher within 2 hours of driving.
Having a person under the age of 16 in the vehicle.
2nd Degree DWI
Under MN statue 169A.25, a 2nd Degree DWI is also a gross misdemeanor offense that carries the same maximum penalty as a 3rd Degree DWI. However, it is a more serious offense than a 3rd Degree DWI. You could be charged with a 2nd Degree DWI if:
You refuse to submit to a chemical test (breath, urine, blood test) for intoxication with one prior DWI conviction or license revocation due to alcohol within the past 10 years.
You commit any of the seven actions listed under 4th degree DWI with two aggravating factors listed under 3rd Degree DWI.
1st Degree DWI
Under MN statue 169A.24, a 1st Degree DWI is a felony level offense and is the most serious DWI offense you can be charged with. The maximum penalty for a 1st Degree DWI is 7 years in prison and a $14,000 fine. You could be charged with a 1st Degree DWI if:
You refuse to submit to a chemical test (breath, urine, blood test) for intoxication with 3 prior DWI convictions or license revocations due to alcohol within the past 10 years OR a prior felony DWI conviction.
You commit any of the seven actions listed under 4th degree DWI with 3 prior DWI convictions or license revocations due to alcohol within the past 10 years OR a prior felony DWI conviction.
