If you are in the unfortunate situation of needing a skilled and experienced Blaine, MN DWI lawyer, Attorney Derek Archambault of Archambault Criminal Defense is here to help. Whether a DWI charge is a misdemeanor or felony depends on your history, the circumstances of your case, and Minnesota law. Knowing the difference is important to understand the potential consequences and your legal options.
Most First-Time DWIs Are Misdemeanors Or Gross Misdemeanors
In Minnesota, a first DWI offense is generally charged as a misdemeanor or gross misdemeanor. If your blood alcohol concentration (BAC) is below 0.16 and there are no aggravating factors, you will likely face a misdemeanor charge. This carries penalties such as up to 90 days in jail, fines, and a driver’s license suspension.
However, if your BAC is 0.16 or higher, if there was a child in the vehicle, or if you refused a chemical test, your charge may be elevated to a gross misdemeanor. Gross misdemeanors carry harsher penalties including up to one year in jail, higher fines, longer license suspensions, and additional probation conditions.
When Does A DWI Become A Felony?
A DWI is considered a felony in Minnesota under specific circumstances. A fourth DWI offense within 10 years will typically be charged as a felony. Also, if your impaired driving caused serious injury or death, felony charges may apply regardless of whether this is your first offense.
Felony DWIs carry more severe consequences such as longer prison terms, larger fines, longer license revocations, and possible vehicle forfeiture. A felony conviction can also impact your future in significant ways beyond the immediate penalties. You could face employment challenges, housing restrictions, and ongoing supervision by the court.
Why Having A Lawyer Matters
With a good DWI defense attorney by your side, they can help you to avoid common DWI mistakes. You may not realize how quickly a simple misdemeanor DWI can lead to serious consequences without proper defense. A skilled criminal defense attorney can explain how Miranda Rights can impact a DWI case and help you to determine if your rights were violated because the police failed to read you these rights or did so improperly.
Having legal representation early in the process can help identify any errors made during your arrest, testing, or paperwork. Challenging these mistakes may improve your chances of a favorable outcome. A lawyer can also guide you through court requirements and any administrative actions from the Department of Public Safety.
Additional Charges May Accompany A DWI
In many cases, a DWI arrest comes with additional charges like refusing a chemical test, open container violations, or child endangerment if a minor was in the vehicle. These charges add penalties and can complicate your case further, making a strong defense even more important.
Reach Out For Help If You’re Facing DWI Charges
In addition to offering strong DWI defense, Archambault Criminal Defense provides defense services across a broad range of criminal charges including assault, property damage, sex crimes, controlled substance offenses, theft, weapons offenses, probation violations, and expungements. If you have been charged with a crime, reach out to us today.