Legal Question in DUI Law in Minnesota

dui statue of limitations - is there any?

In the state of minnesota, if a driver had a dui in 1997 and another in 2007. Is the first dui counted or not? What is the statue of limitations?


Asked on 11/06/07, 4:23 pm

2 Answers from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: dui look-back period - charge enhancement, mandatory minimum sentence, DL

It sounds like you are referring to the look-back period for purposes of charges enhancement and mandatory minimum sentencing, which in Minnesota is currently ten years. If the date of the conviction (usually the date of the guilty plea) was within ten years of the date of the new alleged DWI, then the prosecutor in the new case can be expected to allege an enhanced Gross Misdemeanor charge (maximum one year jail), based on the prior, as well as a mandatory minimum sentence of 30 days.

The administrative revocation of drivers license under the "implied consent" statute, would also be longer and worse with a prior within ten years.

Read more
Answered on 11/07/07, 5:01 pm
David Kelly-952-544-6356 Kelly Law Office

Re: dui statue of limitations - is there any?

Well it's the second DWI no matter how you figure it.

BUT if is is less than ten years since the conviction on the first one, this one is a gross misdemeanor. If it is more than ten years, it's probably just a misdemeanor. Penalties are much less if it is the latter. See my web site at http://www.mn-dwi.com for details.

There seems to be a mysterious vortex or force which causes people to drive after consuming alcohol about three days before the ten years runs. I have observed this dozens of times. I have this strong feeling that it just pulled you into it's evil clutches.

Read more
Answered on 11/06/07, 6:00 pm


Related Questions & Answers

More Drunk Driving & DUI Law questions and answers in Minnesota