After an arrest for intoxicated driving in Minnesota, the penalties you may face will depend on the level of your charge or the aggravating factors in your case. For example, you may face a third-degree DWI charge under certain circumstances. But what might happen to you when the police charge you with third-degree DWI in MN?
Understanding Third-Degree DWI Charges in Minnesota
In Minnesota, a driver may commit third-degree DWI when they operate a motor vehicle:
- While under the influence of alcohol
- While under the influence of a controlled substance
- While under the influence of an intoxicating substance the driver knows can cause impairment
- With an alcohol concentration of 0.08 or more within two hours of driving, operating, or exercising physical control over a motor vehicle
- With an alcohol concentration of 0.04 or more within two hours of driving, operating, or exercising physical control over a commercial motor vehicle
DWI becomes a third-degree offense when a driver has a prior DWI offense within the last 10 years or when they commit an offense with an aggravating factor, such as:
- Refusing to submit to chemical testing after a valid arrest
- Driving with someone under the age of 16 in the vehicle
- Driving with a BAC of 0.16 or more
Criminal Penalties and Administrative Consequences
Minnesota law determines a third-degree DWI is a gross misdemeanor, which carries maximum penalties of up to 364 days in jail, a fine of up to $3,000, and up to six years of probation. Conditions of probation can include a requirement to attend alcohol or drug counseling or refrain from the possession or use of alcohol or drugs with random testing, among other things.
Furthermore, suppose a person faces a third-degree DWI charge for committing a second DWI offense within 10 years of a prior qualifying DWI offense. In that case, a Court may impose the mandatory minimum sentence of 30 days of incarceration, at least 48 hours of which they must serve in a local correctional facility, or to eight hours of community service for each day less than 30 days that the court orders them to serve in a local correctional facility. The court can also order them to submit to electronic alcohol monitoring as a condition of probation or jail time, among other things.
A third-degree DWI conviction can have other administrative consequences, including:
- Driver’s license revocation
- Impoundment of the driver’s license plate
- Requirement to install an ignition interlock device
Long-Term Effects and How to Move Forward
A conviction for third-degree DWI can have other long-term effects beyond a criminal sentence. For example, a driver may see increases in their auto insurance rates, as insurers may view a conviction as a risk factor for future car accidents. A third-degree DWI conviction on a criminal record can also leave a person with a stigma that makes it more challenging for them to seek housing, employment, travel, or other opportunities. Drivers can move forward after a third-degree DWI offense through best practices that may include:
- Completing alcohol and drug addiction treatment programs
- Complying with probation conditions and court orders
- Avoiding future DWIs or serious traffic offenses