A MINNESOTA SECOND DEGREE DWI IS A VERY SERIOUS OFFENSE.
You will almost certainly face jail time if convicted of a Minnesota Second Degree DWI.
You can end up facing a 2nd Degree DWI charge in Minnesota under a variety of circumstances.
A driver will be charged with a 2nd Degree DWI in Minnesota on a first-time DWI offense if the driver’s blood alcohol content at the time of driving was a .20 or above AND there was a child under the age of 16 in the vehicle at the time of driving.
A driver will also face a 2nd Degree DWI charge on a first-time DWI offense if there was a child under the age of 16 in the vehicle at the time of driving AND the driver ultimately refused to submit to blood alcohol testing.
You will also be charged with a Minnesota Second Degree DWI if your blood alcohol content was .20 or above AND you have one prior DWI conviction within the last 10 years.
You will also face a 2nd Degree DWI charge if your blood alcohol content at the time of driving was .08 to .19 AND you have a prior DWI conviction within the last 10 years AND there was a child in the vehicle at the time of driving.
A 2nd Degree DWI charge will also result if your blood alcohol content was .08 to .19 AND you have two prior DWI convictions within the last 10 years.
If convicted of a Minnesota 2nd Degree DWI, the amount of jail time you may be facing will depend on the circumstances fo teh current DWI and any prior DWI convictions.
If there are two prior DWI convictions within the last 10 years, you will most likely be sentenced to serve 90 days in jail.
This sentence is usually split up between actual jail time and electronic home monitoring with alcohol supervision.
If you have one prior DWI conviction with a current 2nd Degree DWI charge, you will most likely be sentenced to serve 30 days in jail of which you must serve 48 hours in custody and the balance can then usually be served on electronic home monitoring.
There is no mandatory minimum jail time if you are convicted of a 2nd Degree DWI charge but do not have any prior DWI convictions.
However, because there are aggravating factors involved that led to the 2nd Degree DWI charge, you will still most likely face a request for a jail sentence from the prosecutor if convicted of a Second Degree DWI.
In addition to the criminal penalties triggered by a 2nd Degree DWI conviction, you will also face increased driver’s license revocation periods, license plate impoundment, and the potential loss of your vehicle.
A Second Degree DWI charge almost automatically triggers the seizure of your vehicle.
The arresting law enforcement agency will take your vehicle and give you notice that it intends to permanently take your vehicle from you.
If this happens, it is important to contact an experienced DWI lawyer immediately.
Paperwork needs to be filed with the court in a timely manner in order to preserve your ability to challenge your vehicle forfeiture.
CONTACT A MINNESOTA DUI ATTORNEY
Contact our St. Paul DWI lawyers today if you or someone you know is facing a Second Degree DWI charge.
Our Minneapolis / St. Paul DWI attorneys will thoroughly review your 2nd Degree DWI and do everything we can to get your driver’s license back and help you avoid a DWI conviction.