DWI offenses come with many nuances depending on the specific situation. However, Minnesota laws do require some penalties once you get a second offense. If you are convicted of Driving While Impaired (DWI), often called Driving Under the Influence (DUI), within ten years of a prior impaired driving incident () there are mandatory minimum penalties that the court must impose:
- A minimum of 30 days of incarceration (at least 48 hours of which must be served in a local correctional facility); or
- 8 hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility.
Minn. Stat. § 169A.275, subd, 1. In some situations, if the court finds that substantial mitigating factors exist, it may depart from the mandatory sentence. However, this will typically require participation in an intensive chemical dependency program. Additionally, you will still be required to serve at least 48 hours in jail or complete at least 80 hours of community work service.
Although these represent minimum required sentences, a second time DWI (in 10 years) will be charged as a gross misdemeanor, and, as such, you could face up to one year in jail and a $3,000.00 fine. In addition to the criminal penalties, your driver’s license will likely be revoked or cancelled depending on your specific situation.