4th DEGREE DWI | FOURTH DEGREE DUI
If you are facing a Fourth Degree DWI charge, it is unlikely that you will have to go to jail if convicted. A Fourth Degree DUI charge in Minnesota typically results when it is the person’s first ever DWI or the first DWI charge within the last ten years and the driver’s blood alcohol content is below .20.
A Fourth Degree DWI charge also means that there are no other aggravating factors present, such as a test refusal or a child in the car at the time of driving.
A Fourth Degree DWI is a misdemeanor criminal offense. Misdemeanors are the lowest level of crimes in Minnesota, but they are still a crime. This means you would have to answer “yes” to any application questions asking if you have ever been convicted of a crime.
THERE ARE NO MANDATORY MINIMUM SENTENCING REQUIREMENTS IF YOU ARE CONVICTED OR OTHERWISE FOUND GUILTY OF A MINNESOTA FOURTH DEGREE DWI.
This does not mean that you will absolutely not have to spend any time in jail for a Fourth Degree DWI conviction, it just means that jail time is not mandatory. Depending on which Minnesota County the offense occurred in, a 4th Degree DWI conviction will likely carry 1-2 years of probation and a $300-500 fine. Additional court costs and court service fees may also kick in.
You will also be required to complete a chemical dependency evaluation and follow any recommendations for substance abuse treatment. You may also be required to attend a Mother’s Against Drunk Driving (MADD) Victim Impact Panel.
IN ADDITION TO THE CRIMINAL CONSEQUENCES TRIGGERED BY A MINNESOTA FOURTH DEGREE DWI CONVICTION, YOU WILL ALSO FACE A LOSS OF YOUR DRIVER’S LICENSE.
A driver’s license is revoked for 90 days upon the initial charge of 4th Degree DWI if your blood alcohol content was .08 to .15. The 90 day revocation period is reduced to 30 days upon pleading guilty to the 4th Degree DWI charge only if it is a true first time DWI offense.
You will then have to comply with the reinstatement requirements before your driver’s license will be valid. The revocation period is extended to 1 year if your blood alcohol content was .16 to .19 and you will also face a loss of your license plates for 1 year.
Contact our Minneapolis / St. Paul DWI lawyers today if you or someone you know is facing a Fourth Degree DWI. Our St. Paul DWI attorneys will thoroughly review your case and do everything we can to get your driver’s license back and help you avoid a DWI conviction.