Is a DUI a Felony in MN?
In Minnesota, driving under the influence (DUI) of alcohol or drugs is considered a serious crime. If you are accused of a DUI, you may face severe penalties, including imprisonment, fines, and driver’s license revocation. In this article, we will explore the nuances of DUI laws in Minnesota and answer the question, "Is a DUI a felony in MN?"
What is a DUI in Minnesota?
In Minnesota, a DUI is classified as DWI, which stands for Driving While Impaired. According to Minnesota Statutes Section 169A.20, a person can be arrested and charged with DWI if they drive or operate a motor vehicle while their blood alcohol concentration (BAC) is:
- 0.08% or higher for non-commercial drivers
- 0.04% or higher for commercial drivers
Felony vs. Misdemeanor
In Minnesota, DUI is typically charged as a misdemeanor offense, punishable by:
- Up to 90 days in jail
- Fines up to $1,000
- Driver’s license revocation for a minimum of one year
- Mandatory license plates displaying "Ignition Interlock"
However, in some cases, a DUI can be charged as a felony, punishable by:
- Up to 7 years in prison
- Fines up to $14,000
- Permanent driver’s license revocation
- Mandatory ignition interlock for life
To be charged with a felony DUI in Minnesota, you must have:
- At least three prior DWI convictions within a 10-year period
- At least four prior DWI convictions, regardless of when they occurred
Felony DUI Offenses
Felony DUI is typically committed in situations where the alleged offender:
- Causes great bodily harm (GBH) to another person while driving impaired
- Causes the death of another person while driving impaired
- Commits multiple DWI offenses within a short period of time (e.g., within hours or days)
- Has a commercial driver’s license (CDL) and is impaired while operating a commercial vehicle
Penalties for Felony DUI
Felony DUI carries more severe penalties than misdemeanor DUI, including:
| Penalty | Misdemeanor DWI | Felony DWI |
|---|---|---|
| Prison | Up to 90 days | Up to 7 years |
| Fines | Up to $1,000 | Up to $14,000 |
| Driver’s License Revocation | At least 1 year | Permanent |
Defenses and Pre-Trial Matters
When facing a DUI charge in Minnesota, you may be able to negotiate a reduced charge, such as a reckless driving or careless driving charge. Additionally, there are several pre-trial motions that your attorney may file, including:
- Suppression of evidence: Disputing the legality of the traffic stop or field sobriety tests
- Brady violation: Alleging that the prosecution failed to disclose favorable evidence
- Mitigation: Providing evidence to reduce the seriousness of the offense
Conclusion
In conclusion, while DUI is typically considered a misdemeanor offense in Minnesota, there are situations in which a DUI can be charged as a felony, carrying much more severe penalties. Understanding the nuances of DUI laws in Minnesota and the defenses available can make a significant difference in the outcome of your case. If you are facing a DUI charge in Minnesota, it is essential to seek the guidance of an experienced criminal defense attorney who can help you navigate the legal system and advocate for your rights.
