Legal Question in DUI Law in Minnesota

Re: BWI, 4th Degree DWI, Probabation Violation

A first offense boating while intoxicated is treated as a separate creature from a DWI. However, if the person has a prior DWI for which he is on probation, that first offense will enhance the second offense making it a greater crime. It was likely charged as a third degree offense whuich is punishable by up to a year in jail and a $3000 fine.

In addition, he likely faces a probation violation on the first offense because he had a second alcohol related offense during the year following. As a result, the court may seek to impose any part or all of the sentence previously stayed in the DWI case. That may mean he faces an additiional 30 days to 90 days in jail.

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Re: BWI, 4th Degree DWI, Probabation Violation

Boating while intoxicated with one prior DWI on the record within ten years is the same as a second DWI offense. He might as well have been on the highway in a car.

Now he can be held for 72 hours before he is charged, and that time might not start running until after this holiday ends at midnight. So he might be in jail until Friday, although I hope he is released sooner.

On Friday you can expect the judge to be looking for as much as $12,000 bail. So while your BF needs a lawyer, he may also need a bail bondsman. I usually recommend Goldberg Bonding.

You might want to check my boating and snowmobile page at http://www.mn-dwi.com.

Re: BWI, 4th Degree DWI, Probabation Violation

It appears from your question that your boyfriend currently is charged with BWI and is on probation for a previous DWI. He is likely charged with both a 3rd degree DWI and a 4th degree DWI. The DWI statutes encompass the behavior actions of driving and/or operating a motorboat. The law treats a first-time BWI differently than a first-time DWI. However, you mentioned your boyfriend is on probation from a previous DWI, which means he is now facing a more serious set of circumstances.

A second-time DWI is typically treated as a gross misdemeanor carrying a penalty of up to a year in jail and a $3000 fine or both. In addition, your boyfriend can be held over in jail pending his next court appearance. Depending on the county of arrest, (some counties, such as Hennepin, he may be able to bail out from jail), he will likely be in court on Tuesday of this week. Bail will be set at that time and he will be released from jail upon posting bail or a bond.

Your boyfriend is best advised to speak to an attorney who can fully explain his options to him in confidence.

I would be happy to provide a free consultation. I can be reached at:

www.bulmerlaw.com

Re: BWI, 4th Degree DWI, Probabation Violation

If you are looking at the Hennepin County jail roster, the 4th Degree DWI is probably referring to his previous DWI case. You can tell if it says "Arrest & Detention" on that same line. Most likely he will go to court on Tuesday morning since the probation matter is usually going to require him to be held without bail until he sees a judge. At that point, the bail could be as high as $12,000. If he doesn't hire a lawyer and pleads guilty, he will do at LEAST 30 days, with the possibility of getting even more jail due to the probation violation. BWI cases have a different set of considerations, although the penalties are the same as getting a regular DWI when you have a prior. This will also result in his driver's license being revoked, which he may want to fight. By fighting it, an attorney can get his license revocation postponed (assuming this is a Hennepin County case). There are many attorneys like myself who are ready and willing to help!