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What is a Third-Degree DWI in Minnesota?

A 3rd degree DWI, also known as Third Degree Driving While Impaired, is a legal classification for driving under the influence with specific aggravating factors present. In this classification, one of the following aggravating factors must be present:

  • A prior DWI incident within the past 10 years,
  • Blood alcohol concentration (BAC) of 0.16 or higher, or
  • Having a child under the age of 16 in the vehicle.

This classification indicates a more severe level of impairment and may result in harsher penalties compared to lower degrees of DWI offenses.

Third-degree DWI’s in Minnesota are serious. If an officer gave you a third-degree DWI charge in Minnesota, the DWI defense lawyers at Arechigo & Stokka can help.

We know of potential defenses are ways to reduce the sentence your case may come with.

Contact us online or call 651-362-4355 or 701-639-6522 today to set up a consultation.

What Are the Third-Degree DWI Penalties in Minnesota?

If sentenced to thirty days in jail, you must serve at least forty-eight consecutive hours in jail. 

You may then be eligible to serve the remaining twenty-eight days on work release or on electronic home monitoring if you qualify for these alternative programs.

Thirty days in jail is the minimum; depending on the facts and circumstances of your Third Degree DWI case, as well as any prior DWI convictions, the state may seek more than the thirty-day minimum jail sentence. 

In addition to jail time, you will also face an increased length of probation and higher fine, as well as alcohol monitoring.

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You may also lose your license for two years if it is your second DWI offense within the last ten years and your blood alcohol content was .16 to .19. 

You may be eligible to drive during your revocation period with the use of an ignition interlock. These revocation periods are not reduced if you plead guilty to the 3rd Degree DWI charge.

Contact a Minnesota DWI Attorney Today

Contact us online orcall 651-362-4355 or 701-639-6522 to speak with our Minneapolis and St. Paul DWI lawyers today if you or someone you know is facing a third degree DWI in Minnesota.

Our criminal defense attorney will thoroughly review your 3rd Degree DWI and do everything we can to get your driver’s license back and help you avoid a DWI conviction.

Frequently Asked Questions

What is a 3rd degree DWI in MN?

A Third Degree DWI is a Gross Misdemeanor criminal offense in Minnesota. A Gross Misdemeanor is an intermediate-level criminal offense, above a Misdemeanor and one step below a Felony.

How can a DWI lawyer help me?

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.

Is it possible for me to serve jail time if I get a 3rd degree DWI?

Yes. If convicted, you will have to serve at least 48 consecutive hours in jail. Then you may be able to serve the rest outside of jail but monitored through electric home monitoring.

Where You Can Find Our St. Paul Office

Author Photo John T. Arechigo, Esq.

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.