Driving while impaired (DWI) charges can range from misdemeanors to serious felonies. A first-degree DWI is the most severe level under Minnesota law. Convictions can lead to prison time, steep fines, and other long-term collateral consequences. Fortunately, a knowledgeable DWI defense lawyer can help.
Understanding Minnesota’s DWI Degrees
Minnesota divides DWI offenses into four degrees, and first-degree DWI is the most serious. How you’re charged depends on several factors, including prior DWI convictions, aggravating factors, and whether you’ve previously refused a chemical test.
A first-degree DWI is a felony under Minnesota law. Unlike lower-degree DWI offenses, first-degree DWI is not based on your blood alcohol content (BAC) at the time of arrest. It’s also tied to your prior history and specific aggravating factors.
What Makes a DWI a First-Degree Offense
You may face first-degree DWI charges if:
- You have three or more prior DWI-related convictions or license revocations within the past 10 years.
- You have previously been convicted of a felony DWI, even if it occurred more than 10 years ago.
- You have previously been convicted of certain driving and drug-related offenses.
These prior offenses do not have to be the same type of DWI charge. Any combination of prior DWIs, alcohol-related license revocations, or prior felony DWI convictions can qualify.
Penalties for a First-Degree DWI
A first-degree DWI in Minnesota is a felony-level offense and carries the following serious criminal and administrative penalties:
- Up to seven years in prison
- A fine of up to $14,000
- A felony conviction on your permanent criminal record
- Mandatory prison time if you have prior felony DWIs
- Supervised probation, with conditions like random testing, alcohol monitoring, and treatment requirements
When deciding your sentence, the court will consider your full criminal and driving history. The penalties can also be more severe if other aggravating factors are involved, such as a child in the vehicle, an especially high BAC (0.16 percent or above), or an accident that caused injury.
Collateral Consequences of a First-Degree DWI
Beyond the prison sentence and fine, a felony conviction can make it harder to find employment, rent housing, apply for loans, or hold certain professional licenses.
Minnesota courts may also impose vehicle forfeiture. In some cases, the state can seize and keep your vehicle permanently. Your driver’s license may also be revoked for a significant period.
Finally, you may be required to install an ignition interlock device in your vehicle before you can regain driving privileges. This device prevents your car from starting unless you provide an alcohol-free breath sample.
Defenses Against a First-Degree DWI Charge
Just because you’re charged with a first-degree DWI doesn’t mean a conviction is guaranteed. Minnesota law requires prosecutors to prove every element of the offense beyond a reasonable doubt, and a strong legal defense can potentially reduce the charge, limit the penalties, or result in the dismissal of your case.
Depending on the specific facts of your case, there may be several legal defenses available:
- Challenging whether the traffic stop was legal
- Disputing the chemical test results’ validity
- Contesting prior convictions or license revocations
- Procedural errors or Constitutional violations
A skilled criminal defense attorney can review your case and discuss your legal options, then build the strongest defense possible.
Talk to a Minnesota Criminal Defense Attorney About Your DWI Case
If you’re charged with first-degree DWI, Brandt Kettwick Defense can help. Our attorneys will explain your options, review the evidence, and fight for the best possible outcome. We’ve defended felony DWI cases across the state and know how to navigate Minnesota’s criminal justice system. Contact us today for a confidential consultation.