DWI Attorney in St Cloud MN
Have you been charged with DWI?
Types of DWI charges in Minnesota
Although any type of DWI charge is a serious one, there are different levels of crimes that you can be charged with. Keeping in line with other criminal offenses in the State of Minnesota, there are crimes ranging from misdemeanor to felony DWI. The lowest level of offense you can be charged with is a misdemeanor. This charge would come with the lowest level of privilege loss and the lowest level of fines.
4th Degree DWI
Fourth Degree DWI is a misdemeanor. You can and charged of Fourth Degree DWI when you have had no previous driving while impaired violations within 10 years preceding the present indictment. There must be no aggravating factors associated with the circumstances surrounding the arrest.
Possible sentences if you are convicted of a fourth degree driving while intoxicated (DWI), you can face up to 90 days in jail and up to a $1,000 fine.
3rd Degree DWI
Third Degree DWI is a gross misdemeanor. You can be charged and convicted of a Third Degree DWI in circumstances when you have had one other driving while impaired violation in the past 10 years. The alternative is, you can be charged with this degree, if you refuse to undertake an Intoxilyzer test, blood or urine test at the order of the officer. You can also be charged with Third Degree DWI if one of the many aggravating factors exists.
If you are convicted of Third Degree Driving While Intoxicated (DWI), you can face up to one year in jail and up to a $3,000 fine, and there may be a mandatory minimum jail sentence required by law.
Gross misdemeanor DWI is a charge that comes with a higher level of privilege loss. This is including, but not limited to, jail time & loss of driving rights. It would also include stiffer fines and monetary penalties. Not every person faces the same charges or the same results.
2nd Degree DWI
Second Degree DWI is a gross misdemeanor. You will be charged of a Second Degree DWI in circumstances in which you have had two other driving while impaired violations in the preceding 10 years. The alternative is, you can be charged with this degree of DWI if you have one prior case during the previous 10 years and refuse to take the Intoxilyzer test, blood or urine test. You can be charged with Second Degree DWI if you refuse to take the tests previously mentioned and if one of the aggravating factors exists. You can be charged with Second Degree DWI if two aggravating factors exist.
If you have been convicted of Second Degree Driving While Intoxicated (DWI), you can potentially face up to one year in jail and up to a $3,000 fine. Second Degree charges also give the police and prosecutors the capability to seize or forfeit your vehicle used to commit the DWI, but this can also be challenged by you.
1st Degree DWI
First Degree DWI is a felony. You can be indicted and convicted of a First Degree DWI if you have had three prior driving while impaired incidents in the previous 10 years. You can also potentially be charged and convicted of a First Degree DWI if you have been indicted with a previous felony or First Degree DWI in the past and or if you have a prior conviction for criminal vehicular operation. The other aggravating factors are not taken into consideration when regarding the First Degree DWI case.
If you are ever convicted of First Degree Driving While Intoxicated (DWI), you may potentially be faced with up to seven years in prison and up to a $14,000 fine. The First Degree DWI charges give the police and prosecutors the capability to seize and forfeit your vehicle that was used to commit the First Degree DWI, but again this can be challenged by you.
Felony DWI is the highest level DWI charge available in Minnesota. A felony DWI could come with high fines, many days in jail and/or prison and the loss of privileges. The privileges that could be lost if convicted of a felony in Minnesota are the right to vote, the right to own a firearm, the right to serve on a jury and the right to serve in the military. Because these privileges are important and matter, it’s important to hire the right attorney.
Call today for a FREE initial consultation
Because we have more than 20 years representing DWI cases, we understand the toll being charged with a serious crime can take. Our goal is to ease your burden as much as possible. We want to achieve the best outcome for your individual case. We want to keep your privileges intact or restored, your freedom preserved and your money in your pocket. We will work hard to keep your privilege loss to a minimum. We will evaluate all charges against you and provide you with the best legal counsel the Stearns County area has to offer. Contact us for your best defense against any DWI charge.
Disclaimer: No information provided on this website should be perceived as legal advice. The content of this website is only intended to provide general information. Only the establishment of an attorney-client relationship with Buchin Law Office can lead to the inception of legal advice from any member of the office team.
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