Minnesota categorizes offenses into four degrees, each with different DWI Penalties. Here’s a breakdown:

• Fourth-Degree DWI

  • This is the most common charge for first-time offenders.
  • It applies if your blood alcohol content (BAC) is between 0.08 and 0.15.
  • Maximum Penalty: 90 days in jail and a $1,000 fine.

• Third- and Second-Degree DWI Penalties

  • These charges apply to BAC levels of 0.16 or higher, test refusals, having a child in the car, or a prior DWI within 10 years.
  • Both are gross misdemeanors.
  • Maximum Penalty: One year in jail and a $3,000 fine.
  • Additional Consequences: You may be required to use “whiskey plates,” which can be embarrassing for you and your family.

• Felony DWI Penalities

  • This applies if you are charged with a fourth DWI within a 10-year period.
  • It results in a felony conviction.
  • Penalties: Prison time or a mandatory minimum of 180 days in jail.
  • Additional Consequences: Felony DWI often includes vehicle forfeiture.

• Mandatory Minimum Sentences for Repeat Offenders

  • One prior DWI: 30-day mandatory minimum (with potential legal loopholes available).
  • Two priors: 90-day mandatory minimum.

Will I Be Required to Install an Ignition Interlock Device?

If you have a prior DWI within 10 years, or if you refuse a chemical test, you may be required to install an ignition interlock device for at least one year. Losing an implied consent challenge can also trigger this requirement.

At Ryan Pacyga Criminal Defense, we help clients navigate the ignition interlock process. Depending on your case, there may be ways to challenge or avoid this requirement.

How Could a DWI Conviction Affect My Professional License?

A DWI conviction can have serious consequences for professionals such as doctors, nurses, lawyers, and police officers. Most licensing boards require you to report any criminal convictions.

For some, a first-time offense may result in probation or supervision by their licensing body. For others, it can have devastating career impacts. We work with clients to protect their professional reputation and minimize potential penalties.

How Does a DWI Affect a Commercial Driver’s License (CDL)?

DWI charges are especially severe for CDL holders:

• First DWI: A minimum one-year revocation of your CDL.
• Second DWI: Permanent loss of CDL privileges.

Even a temporary suspension can lead to job loss. Many employers face increased insurance costs and may choose not to retain drivers with revoked licenses. If you hold a CDL, it’s critical to challenge both the criminal case and the implied consent revocation.

Can DWI Convictions Be Expunged or Removed From My Record?

Expunging a DWI is rare in Minnesota and challenging to achieve. Because removal is uncommon, it’s vital to aggressively challenge the case from the beginning to protect your record.

What Should You Look for in a DWI Defense Attorney?

Choosing the right attorney is crucial. Here are key qualities to consider:

1. Experience with DWI Cases

   • Your lawyer should have a strong track record of success in DWI cases, including dismissals and not-guilty verdicts.

2. Knowledge of DWI Defense Strategies

   • They should understand all potential challenges, such as faulty breathalyzer results or procedural violations.

3. Proactive Guidance

   • A good lawyer provides a clear plan of action. They should also recommend steps you can take to strengthen your case.

4. Client-Centered Approach

   • Your attorney should listen to your concerns and tailor their strategy to meet your goals.

At Ryan Pacyga Criminal Defense, we focus on understanding your circumstances and fighting for the best possible outcome. We provide a detailed roadmap and work closely with you to achieve success in court.

Schedule Your DWI Defense Consultation

Facing DWI charges in Minnesota? Don’t wait. Call 612-474-9439 today to schedule a consultation. We’re here to answer your questions and guide you through the process.

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