Avoid Harsh Minnesota 2nd Degree DWI Penalties With The Help Of An Experienced Attorney
If you are charged with DWi in Minnesota, it is very essential that you should have a basic understanding of DWI laws in MN. DWI laws in MN are different than in some other states because the penalties you face if convicted are determined by the number of aggravating actors that were present when you were allegedly driving while intoxicated.
By taking a closer look at the aggravating factors, the criminal act is divided into either a 1st, 2nd, 3rd or 4th degree criminal classification. The penalties are then determined based upon the degree of the classification, with Minnesota 2nd degree DWI penalties being more severe than 3rd or 4th degree penalties — and 1st degree penalties being the most severe.
The penalties you face according to the degree are as follows:
4th Degree DWI (misdemeanor) – no aggravating factors – $ 1000 fine and/or 90 days in jail
3rd Degree DWI (gross misdemeanor) – one aggravating factor – $ 3000 fine and/or 1 year in jail
2nd Degree DWI (gross misdemeanor) – two aggravating factors – $ 3000 fine an/or 1 year in jail
1st Degree DWI (felony) – three aggravating factors and only if it is the fourth offense – $ 14000 fine and/or seven years incarceration
According to DWI laws in MN, there are several different situations that are considered to be aggravating factors.
A prior DWI conviction or loss of license due to impaired driving within the past 10 years
Alcohol concentration of .20 or more
Presence of a child who is under the age of 16, if that child is more than 3 years younger than the impaired driver
Obviously, DWI laws in MN are far more complex than just these basics and, with a competent DWI lawyer, you may be able to get the charges reduced or thrown out completely.
Therefore, if you are facing Minnesota 2nd degree DWI penalties or penalties from any other degree, it is imperative to hire an attorney who is experienced in DWI cases in Minnesota. This way, you will have the best chance of avoiding a conviction and getting the penalties reduced.
Doug V. Hazelton is an experienced DUI Defense Attorney, who for has successfully handled hundreds of criminals cases. He is a member of Hennepin County and Minnesota Bar associations. Attorney Hazelton is a graduate of the National College for DUI Defense conducted at Harvard Law School and was named a Member of the College in 1997. He was named Minnesota’s National Delegate to the College in 2006. In addition to lecturing on DUI/DWI-related topics locally and nationally, his articles have been published in numerous publications including Criminal Defense Techniques (Matthew Bender), Criminal Constitutional Law (Matthew Bender), the Police Misconduct and Civil Rights Law Report (Clark Boardman). He is a contributing editor for the Minnesota DWI Deskbook and he is slated to publish the 2008 Thomson West DWI Law Practice Book.
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