A MINNESOTA FIRST DEGREE DWI IS A FELONY OFFENSE
If convicted of a Minnesota First Degree DWI, you could be facing 7 years in prison. A driver can end up facing a 1st Degree DWI charge in Minnesota under a variety of circumstances.
A driver will face a 1st Degree DWI charge in Minnesota if the current offense is within 10 years of the first of three prior impaired driving convictions.
For example, say the driver had DWI convictions in 2001, 2004, and 2007. If the driver picks up a fourth DWI charge before 2011, the new offense will be charged as a Minnesota First Degree DWI. A person will also face a 1st Degree DWI in Minnesota on a current DWI charge if the driver has previously been convicted under Minnesota’s criminal vehicular homicide statutes related to substance abuse.
IF CONVICTED OF A MINNESOTA FIRST DEGREE DWI, YOU WILL BE FACING A PRESUMPTIVE PRISON SENTENCE.
The judge can decide to stay the prison sentence, meaning the convicted driver would not have to serve prison time. However, the judge would have to be convinced that the circumstances of the DWI and the person’s own treatment efforts warrant avoiding prison. If the judge decides to stay the prison sentence, the convicted driver will almost certainly spend some time in the county jail accompanied by a lengthy period of intensive alcohol monitoring. In addition to the criminal penalties associated with a Minnesota First Degree DWI conviction, you will also face an extensive driver’s license revocation period.
A FELONY DWI CONVICTION IN MINNESOTA WILL USUALLY RESULT IN A LOSS OF A DRIVER’S LICENSE FOR FOUR YEARS.
In order to get the driver’s license reinstated, you will have to demonstrate four years of sobriety and successful completion of a treatment program. After those conditions have been met, the Department of Public Safety will consider reinstating the driver’s license with the no alcohol use restriction, commonly known as the B-card. The convicted driver will have to have the B-card for 10 years before full reinstatement of a driver’s license without restrictions.
Contact our St. Paul DWI lawyers today if you or someone you know is facing a Minnesota First Degree DWI. Our St. Paul DWI attorneys will thoroughly review your Minnesota 1st Degree DWI and do everything we can to keep you out of prison and help you avoid a DWI conviction.
Attorney John Arechigo has a passion for criminal defense in St. Paul, MN. John received his J.D., from Hamline University School of Law and also carries a Bachelor of Arts from, The University of Minnesota. John was named Attorney of the Year for 2019 by Minnesota Lawyer. Additionally, John was also named as a 2019 Rising Star and was selected to Minnesota Super Lawyers in 2021. He devotes nearly 100% of his practice to defending individuals charged with a crime.