Legal Question in Criminal Law in Minnesota

Re: second dwi charge, paraphernalia & small amounts of marijuana

Thank you for the e-mail.

This is a very serious charge. You have two enhancing factors, a prior DWI and a BAC more than .20. As a result, you were charged with a second degree offense. It is a gross misdemeanor which carries with it maximum possible penalties of a year in jail and a $3,000 fine. If convicted, there are also mandatory minimum sentences. As a result, it is important to present an aggressive defense. It is also important to know and understand the Judge's and their proclivities in your county.

In addition to your second degree offense, you would have a probation violation on the first offense. As a result, the Judge in the first case may impose any jail time previously stayed. that usually mens up to 90 days in jail.

Finally, a DWI is not only a criminal case, it has a civil element as well. There is a license revocation related to a DWI that is a case entirely separate from the criminal matter. Nothing in the criminal matter will change the license revocation which occurs automatically unless you seek a judicial review of that revocation. This MUST occur within 30 days after you were ticketed. Any failure to seek a judicial review results in the license revocation and a record that indicates a new alcohol related offense that can be used to make any subsequent DWI a greater crime. In that judicial review, the challenges are the same as those made in the criminal case. You are looking at a revocation period of up to a year in addition to the prior revocation.

There are also additional consequences to a second degree offense including skyrocketing insurance rates, plate impoundments and vehicle forfeitures. This means you could lose your vehicle without receiving any compensation.

There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.

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