A threshold between Misdemeanor and Gross Misdemeanor DWI charges will be lowered in August 2015.
The “legal limit” for alcohol in Minnesota is .08. In other words, one way the state can prove a DWI is through a test of a driver’s blood, breath, or urine. If the test shows an alcohol concentration of .08 or more, the driver can be charged with a DWI. If the operator has a commercial driver’s license, the limit is .04.
A first-time DWI offense will result in Misdemeanor DWI charges. However, the presence of aggravating factors will increase the severity of the charges. Aggravating factors include having a prior DWI conviction or driver’s license revocation within 10 years, having an alcohol concentration of .20 or more, or having a child in the vehicle at the time of the offense. An aggravating factor enhances a Misdemeanor offense to a Gross Misdemeanor. Misdemeanors are punishable by up to 90 days in jail, a $1,000 fine, or both. Gross Misdemeanors are punishable by up to a year in jail, a $3,000 fine, or both.
Effective August 1, 2015, the aggravating factor of having an alcohol concentration of .20 or more will be lowered to .16. This means that after August 1, 2015 a driver can face more serious charges if they test.16 or more, as opposed to .20 or more prior to August 1, 2015. This change will put more drivers at risk of getting higher-level DWI charges.
If you have DWI charges or any questions about the law change, please contact one of our criminal defense attorneys today at 763.421.6366 for a free consultation.