Is DUI a Felony in Minnesota?
In the state of Minnesota, driving under the influence (DUI) is considered a serious offense. While it is not always a felony, the severity of the charges and the consequences can vary depending on the circumstances of the incident. In this article, we will explore the different types of DUI charges in Minnesota, the penalties associated with each, and whether or not DUI is a felony in the state.
What is DUI in Minnesota?
In Minnesota, DUI is defined as operating a motor vehicle while impaired by alcohol or drugs. The state has a per se law, which means that a person can be charged with DUI even if their blood alcohol concentration (BAC) is below the legal limit, if they are impaired to the extent that they are unable to safely operate a vehicle.
Types of DUI Charges in Minnesota
In Minnesota, there are three main types of DUI charges:
- First Degree DUI: This is the most serious type of DUI charge and is typically associated with a BAC of 0.20% or higher, or if the person has a previous DUI conviction within the past 10 years.
- Second Degree DUI: This type of charge is typically associated with a BAC between 0.10% and 0.19%, or if the person has a previous DUI conviction within the past 5 years.
- Third Degree DUI: This is the least serious type of DUI charge and is typically associated with a BAC below 0.10%, or if the person has no previous DUI convictions.
Penalties for DUI in Minnesota
The penalties for DUI in Minnesota vary depending on the type of charge and the individual’s criminal history. Here are some of the possible penalties:
- First Degree DUI: Up to 7 years in prison, a fine of up to $14,000, and a 30-day license revocation.
- Second Degree DUI: Up to 4 years in prison, a fine of up to $10,000, and a 15-day license revocation.
- Third Degree DUI: Up to 90 days in jail, a fine of up to $1,000, and a 90-day license revocation.
Is DUI a Felony in Minnesota?
In Minnesota, DUI is typically a misdemeanor offense, unless the person has a previous DUI conviction within the past 10 years. If the person has a previous DUI conviction within the past 10 years, they can be charged with a felony.
Here is a breakdown of the felony DUI charges in Minnesota:
- Felony First Degree DUI: This charge is typically associated with a BAC of 0.20% or higher, or if the person has a previous DUI conviction within the past 10 years. The penalties for felony first degree DUI include up to 7 years in prison, a fine of up to $14,000, and a 30-day license revocation.
- Felony Second Degree DUI: This charge is typically associated with a BAC between 0.10% and 0.19%, or if the person has a previous DUI conviction within the past 5 years. The penalties for felony second degree DUI include up to 4 years in prison, a fine of up to $10,000, and a 15-day license revocation.
Consequences of a DUI Conviction in Minnesota
A DUI conviction in Minnesota can have serious consequences, including:
- Criminal Penalties: As mentioned earlier, the penalties for DUI in Minnesota vary depending on the type of charge and the individual’s criminal history.
- License Revocation: A DUI conviction can result in a license revocation, which can range from 15 days to 30 days.
- Increased Insurance Rates: A DUI conviction can result in increased insurance rates, which can be expensive.
- Job Loss: A DUI conviction can result in job loss, especially if the person is in a job that requires a commercial driver’s license.
- Social Consequences: A DUI conviction can have social consequences, including damage to relationships and a loss of reputation.
Defending Against a DUI Charge in Minnesota
If you are facing a DUI charge in Minnesota, it is important to work with an experienced attorney who can help you defend against the charges. Here are some possible defenses:
- Challenging the Stop: An attorney can challenge the stop that led to the DUI arrest, if it was unlawful.
- Challenging the Field Sobriety Tests: An attorney can challenge the field sobriety tests that were administered, if they were not administered properly.
- Challenging the Breath Test: An attorney can challenge the breath test that was administered, if it was not administered properly.
- Showing Impairment: An attorney can show that the person was not impaired to the extent that they were unable to safely operate a vehicle.
Conclusion
In conclusion, DUI is a serious offense in Minnesota, and the consequences can be severe. While it is not always a felony, the penalties can vary depending on the type of charge and the individual’s criminal history. If you are facing a DUI charge in Minnesota, it is important to work with an experienced attorney who can help you defend against the charges and minimize the consequences.
