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Is a dui a felony in mn?

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?

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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:

PenaltyMisdemeanor DWIFelony DWI
PrisonUp to 90 daysUp to 7 years
FinesUp to $1,000Up to $14,000
Driver’s License RevocationAt least 1 yearPermanent

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.

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