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Friday, 23 September 2011

Info Post
Minnesota dui attorney


1st Minnesota DWI
First Drunk Driving Conviction
Fourth Degree DWI - Misdemeanor
Jail – Up to 90 Days
Fine - $1,000
License Suspension – Up to 90 Days
License Suspension – 180 Days (If Alcohol Concentration .20 or Above*)
License Suspension – 180 Days (If Passenger Under 16 in Vehicle*)
License Suspension – 1 Year (DWI Test Refusal)
Limited License – Must Wait 15 Days (If There are no *Aggravating Circumstances)
Ignition Interlock Possible
Fee - $250 License Reinstatement
Fee - $430 License Reinstatement Surcharge
Fee - $24 Driver License Application Fee


Second Drunk Driving Conviction (Within 10 Years of Previous)
Third Degree DWI - Gross Misdemeanor
Jail – Up to 1 Year
Fine - $3,000
License Suspension – 180 Days
License Suspension – 360 Days (If Alcohol Concentration .20 or Above)
License Suspension - 360 Days (If Passenger under Age of 16 in Vehicle)
Limited License (Work or School) – Must Wait 90 Days
Ignition Interlock Possible
Fee - $250 License Reinstatement
Fee - $430 License Reinstatement Surcharge
Fee - $24 Driver License Application Fee
Administrative License Plate Impoundment (All Vehicles - 1 Year)
Issued Specially Coded Plate

Minnesota dui attorney
3rd Minnesota DWI
Third Drunk Driving Conviction (Within 10 Years of Previous)
Second Degree DWI - Gross Misdemeanor
Jail – Up to 1 Year
Fine - $3,000
License Suspension – Cancelled Indefinitely Pending,
Treatment / Rehabilitation / Abstinence for 1 Year

Ignition Interlock Possible
Administrative License Plate Impoundment (All Vehicles - 1 Year)
Issued Specially Coded Plates

4th Minnesota DWI
Fourth Drunk Driving Conviction (Within 10 Years of Previous)
First Degree DWI – Felony
Jail – Up to 7 Years
Fine - $14,000

Minnesota dui attorney
The State of Minnesota prohibits the operation of a motor vehicle by drivers with a .08 percent or higher blood alcohol concentration (BAC).The .08 percent limit is the standard measurement used across the United States for the "impaired" driver. Minnesota has lower BAC limits defined for minors (.02 BAC) and commercial drivers (.04 BAC). Minnesota's DWI (driving while intoxicated) law includes impairment by alcohol and drugs such as marijuana, cocaine and barbiturates.

 The State of Minnesota has strict laws for drunk driving, and when you drink and drive in Minnesota, you risk your freedom, finances and your future.

The first time you are convicted of drunk driving in the State of Minnesota you will have your drivers license suspended for a minimum of 90 days.

This suspension could be reduced to 30 days if the offender pleads guilty to DWI. You will also be fined up to $1,000 and/or spend 90 days in jail. If your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.

The second time you are convicted of drunk driving (within 10 years of the first offense) your drivers license will be suspended for a minimum of 180 days. A work permit will be issued after half of the revocation time has passed and your reinstatement requirements have been met. You will also spend 1 year in jail and/or pay a $3,000 fine. Your license plates will be impounded.

When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.
Minnesota dui attorney
The 3rd time you are arrested for a DWI you will lose your drivers license for a minimum of 1 year. There will be no allowance for a work permit until the year has passed and you have met all of the reinstatement requirements.

You will be ordered to attend treatment and rehabilitation and show proof of abstinence for a minimum of 1 year, and lifetime abstinence is required after reinstatement. You will also be sentenced to 1 year in jail and/or a $3,000 fine. Your vehicle will be forfeited and the license plates will be impounded. When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.

You may be charged for a felony DWI if you have been arrested for the 4th time in 10 years for driving while intoxicated. Your drivers license may be revoked for 4 years and you will be ordered to attend treatment and rehabilitation and proof of abstinence for a minimum of 1 year, and lifetime abstinence is required after reinstatement.

If you are convicted of a felony DWI you could serve up to 7 years in prison with a possible 5 year conditional release plus a $14,000 fine. When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.
Minnesota dui attorney
The implied consent law in Minnesota means that all drivers are required, by law, to submit to a chemical test of their blood, breath or urine if they are arrested for driving while intoxicated. It is a crime to refuse to submit to this test. If you do refuse a chemical test you will receive a 1 year suspension of your drivers license. The implied consent law in Minnesota applies to recreational vehicles, boats, snowmobiles and ATV's. When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.

Minnesota Drunk Driving Charges
If you or a member of your family is facing a Drunk Driving case it is important that you have at least a basic understanding of the laws regarding driving while intoxicated in the State of Minnesota. Additionally, it is vital that you engage the services of a qualified, experienced and effective Minnesota Drunk Driving lawyer who will fight for your rights. Douglas T. Kans is a Drunk Driving attorney who is ready to provide for you the comprehensive legal services that you need in order to ensure the best possible resolution of your drunk driving case.
Minnesota dui attorney
One portion of the laws relating to Drunk Driving that you will want to understand are those that pertain to the different levels of driving while intoxicated charges a person can face in Minnesota. While this website is designed to provide you with basic and essential information about driving while intoxicated laws nothing can take the place of obtaining the legal assistance, advice and representation that you must have if you are facing Drunk Driving charges. Therefore, if you have more questions and are in need of professional and effective legal representation, you need to contact a driving while intoxicated attorney like Douglas T. Kans sooner rather than later.

A Closer Look at Drunk Driving Laws in Minnesota: The Levels of DWI Charges
According to the law, there are four levels (legally known as degrees) of DWI charges in the State of Minnesota. You are presented a brief description of each degree of DWI charge; however, do keep in mind that if you have questions or need advice and representation, you need to retain the services of a lawyer like Douglas T. Kans, drunk driving defense lawyer with the experience and tenacity to ensure the best results for you in your own case.

Fourth Degree DWI
A Fourth Degree DWI is classified as a misdemeanor. A person operating a motor vehicle while intoxicated can be charged and convicted of a Fourth Degree DWI in situations in which such an individual has no other driving while impaired violations within ten years before the current case. In addition, there must have been no aggravating factors present and the driver cannot have refused to submit to the “evidentiary” chemical test of the person’s blood, breath or urine. This is the lowest level of DWI charge that a person can face in the State of Minnesota.

A person convicted of Fourth Degree DWI can face up to 90 days in jail and up to a $1,000 fine.
 Minnesota dui attorney
Third Degree DWI
A Third Degree DWI is a considered to be what is known as a gross misdemeanor. A person can be charged and convicted of a Third Degree DWI when that individual has had one prior driving while impaired violation or alcohol related driver’s license revocation within ten years of the present offense. Even if an individual has no priors, he or she could still be charged with a Third Degree DWI if one aggravating factor, as defined by Minnesota law, was present at the time of the offense.

A person also can be charged with a Third Degree offense, if he or she elects to refuse to submit to the “evidentiary” chemical test of the person’s blood, breath or urine. A person convicted of Third Degree DWI or Refusal to submit to chemical testing can face up to one year in jail and up to a $3,000 fine.

Second Degree DWI
A Second Degree DWI is classified in Minnesota as a gross misdemeanor. A person can face being charged and convicted of a Second Degree DWI in the event that the individual has had two prior driving while impaired violations or alcohol related driver’s license revocations within ten years of the present offense. Even if an individual has no priors, he or she could still be charged with a Second Degree DWI if two aggravating factors, as defined by Minnesota law, were present at the time of the offense.

Alternatively, a person can also be charged with Second Degree offense, if he or she refuses to submit to the “evidentiary” chemical test of the person’s blood, breath, or urine and one aggravating factor, as established by Minnesota law, was present at the time of arrest. A person convicted of Second Degree DWI or Refusal to submit to chemical testing can face up to one year in jail and up to a $3,000 fine.
Minnesota dui attorney
First Degree DWI
A First Degree DWI is classified as a felony in the State of Minnesota. A person will be charged with a First Degree DWI, if he or she has had three prior driving while impaired violations or alcohol related driver’s license revocations within ten years of the present offense. A person will also be charged with First Degree DWI, if he or she has been convicted of a prior Felony DWI at any time in the past. In addition, a person will be charged with First Degree DWI, if that individual has a prior conviction for a felony charge of criminal vehicular operation or criminal vehicular homicide. Aggravating factors are not taken into consideration.

A person convicted of their first Felony DWI can face up to seven years in prison and up to a $14,000 fine.
Some people who are charged with a DWI for the first time make the decision not to obtain the services of a Minnesota DWI attorney. Very simply: This is a mistake. The penalties associated with a first time driving while intoxicated case are not minor. Moreover, if you end up getting charged with a DWI at some point in the future, you can find yourself facing very stiff, extremely serious penalties if you already do have at least one other DWI conviction.
Use the resources in this site for further information
Minnesota dui attorney

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