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 St. Paul, 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 crime 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.
In this article, our Minnesota criminal defense lawyer goes over the ins and outs of a Fourth Degree DWI charge. If you have questions, contact the team at Arechigo & Stokka today.
Are There Mandatory Minimum Sentencing Requirements?
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.
A 4th Degree DWI conviction usually leads to 1-2 years of probation and/or a fine ranging from $300 to $500. There might also be community service requirements and a need for a chemical dependency evaluation, followed by recommended substance abuse treatment or programming.
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.
If you are found guilty of a 4th-degree DWI misdemeanor in Minnesota, you can expect the following penalties:
- Fines: You may be required to pay fines of up to $1,000, excluding fees and surcharges.
- Jail Time: Conviction could lead to a jail sentence of up to 90 days.
- License Suspension: Your driver’s license may be revoked for a period of up to 90 days.
These penalties are enforced by Minnesota courts for 4th-degree DWI convictions.
Charged With a 4th Degree DUI? Our Minnesota DUI Charge Attorney Can Help.
If you were recently charged with a 4th degree DUI in MN we can help you with the charges. Fill out the free and confidential form below so we can review the details of your case.
Will I Lose My License if Charged With a 4th Degree DWI in MN?
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 a Saint Paul, MN DUI/DWI Attorney
Contact the Minneapolis and St. Paul DWI lawyers at Arechigo & Stokka today if you or someone you know is facing a Fourth Degree DWI in MN.
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.
Frequently Asked Questions
A Fourth Degree DWI is a misdemeanor criminal offense. This is the lowest level of a criminal offense in Minnesota. Even at this level of offense, you will still have to answer, yes, to any applications asking if you’ve been convicted of a crime before.
A DWI lawyer can try everything possible to help avoid a DWI conviction, or potentially get charges reduced. The only way to know if we can help is if you give us a call. We’ve helped many clients across Minnesota and want to help you too.
If charged with a 4th degree DWI and your BAC was .08 to .15, your license will be revoked for 90 days. With the right DWI lawyers, you may be able to get your charges reduced so this does not happen. Contact us today to see how we can help.
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.