When someone is convicted of a serious DWI offense—especially a felony DWI in Minnesota—the biggest fear is often the same in DWI Sentencing: jail or prison time.
But did you know that under certain circumstances, a judge may allow for staggered sentencing?
This alternative structure can not only reduce the immediate burden of jail time but also give defendants a chance to earn back their freedom through good behavior.
Let’s dive into what staggered sentencing is, how it works, and how a skilled DWI attorney can help you potentially waive portions of your sentence.
What is Staggered Sentencing?
Staggered sentencing is an option used in Minnesota DWI cases, particularly when someone is convicted at the felony level. Rather than sending the defendant to prison immediately, the judge structures the sentence so that:
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A portion of jail time is served right away.
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Additional segments of jail time are scheduled for future years during the defendant’s probation.
However, there’s a catch (and an opportunity):
Each year, if the defendant completes probation requirements successfully—staying sober, attending treatment, maintaining employment, and complying with court orders—they can ask the court to waive that year’s scheduled jail time.
✅ In short: Good behavior can lead to less jail time, giving people a real incentive to turn their lives around.
How to Get Jail Time Waived Under a Staggered Sentence
Successfully waiving jail time under a staggered sentence doesn’t happen automatically—you have to file a formal motion and build a strong case showing your progress. Here’s how it typically works:
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File a Motion:
Your attorney files a motion with the court requesting a waiver of the upcoming jail segment under your sentencing order. -
Submit Supporting Evidence:
Evidence may include:-
Proof of completed treatment programs
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Positive probation reports
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Letters of support (from employers, counselors, etc.)
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Documentation of employment and stable living situation
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Prepare for the Hearing:
Often, probation officers are asked to submit a report supporting—or objecting to—the motion. Judges heavily weigh probation’s input when deciding whether to grant the waiver. -
Present Your Case in Court:
Your attorney will advocate for you, showing how you’ve met or exceeded the terms of your probation and deserve to have your jail time waived.
In a recent case handled by our team at Ryan Pacyga Criminal Defense, we successfully secured a waiver for a client facing felony-level DWI staggered sentencing. Despite minor complications, we demonstrated the client’s commitment to treatment, employment, and sobriety—and the judge granted the motion, sparing him from additional jail time.
Why Staggered Sentencing Matters
Staggered sentencing provides a second chance for individuals who are serious about changing their lives after a DWI conviction. It recognizes that recovery and rehabilitation are possible—and that success should be rewarded, not punished.
If you or a loved one is facing DWI sentencing, it’s crucial to work with an experienced criminal defense attorney who understands how to leverage options like staggered sentencing to your advantage.
Facing DWI Sentencing? We Can Help.
If you’ve been charged with a DWI or are navigating sentencing options like staggered sentencing, don’t go it alone. Call Ryan Pacyga Criminal Defense today for experienced, results-driven defense. We know how to fight for your future.
📞 Call us at 612-339-5844