Is a DWI a Felony in MN?
Driving While Intoxicated (DWI) is a serious offense in the state of Minnesota, and understanding the laws and consequences is crucial for anyone who operates a vehicle. In this article, we will explore whether a DWI is a felony in MN and what the penalties and repercussions are for those found guilty.
Is a DWI a Felony in MN?
In a Nutshell: A DWI is not automatically a felony in Minnesota, but it can be considered a felony under certain circumstances. A DWI is considered a gross misdemeanor, punishable by up to one year in jail and a fine of up to $3,000.
However, if a person is found guilty of a third or subsequent DWI within a 10-year period, it can be charged as a felony, punishable by up to seven years in prison and a fine of up to $14,000. Additionally, if a DWI results in the death or serious injury of another person, it can be charged as a felony, punishable by up to 10 years in prison and a fine of up to $20,000.
What constitutes a felony DWI in MN?
- A third or subsequent DWI within a 10-year period
- A DWI that results in the death or serious injury of another person
- A DWI that involves serious bodily harm or substantial bodily harm to another person
- A DWI that is committed by a persistent felony offender, defined as someone who has committed two or more felonies
Penalties for DWI in MN
- Gross Misdemeanor DWI: Up to one year in jail and a fine of up to $3,000
- Felony DWI: Up to seven years in prison and a fine of up to $14,000
- Aggravated Felony DWI: Up to 10 years in prison and a fine of up to $20,000
Consequences of a DWI Conviction
- Jail or Prison Time: Depending on the severity of the offense and the individual’s prior criminal history
- Fines: Up to $20,000, depending on the severity of the offense
- License Revocation: For a period of time, up to 10 years, depending on the severity of the offense
- Ignition Interlock Device (IID): Mandatory installation of an IID in the offender’s vehicle for up to two years
- Criminal Record: A felony conviction can lead to a permanent criminal record
- Professional and Educational Consequences: A DWI conviction can impact an individual’s ability to obtain certain licenses, certifications, and education opportunities
Other Considerations
- Prior Offenses: Each subsequent DWI offense can increase the severity of the penalties
- High-BAC: A DWI with a blood alcohol concentration (BAC) of 0.20 or higher can result in enhanced penalties
- Underage DWI: Minors (under 21) who are convicted of a DWI may face additional penalties, such as mandatory IID installation and community service
- Repeat Offenders: Offenders who have been convicted of multiple DWIs within a certain period may face more severe penalties, including mandatory jail time
Conclusion
A DWI is not automatically a felony in Minnesota, but it can be charged as such under certain circumstances. It is essential for anyone who operates a vehicle to understand the laws and consequences of a DWI conviction. Whether you are facing a gross misdemeanor or felony DWI charge, it is crucial to seek the advice of an experienced attorney who can help you navigate the legal system and minimize the consequences of a DWI conviction.
Table: Penalties for DWI in MN
| Offense | Jail/Prison Time | Fine | License Revocation | IID Installation |
|---|---|---|---|---|
| Gross Misdemeanor DWI | Up to 1 year | Up to $3,000 | 1-3 years | Not mandatory |
| Felony DWI | Up to 7 years | Up to $14,000 | 3-10 years | Mandatory for 1-2 years |
| Aggravated Felony DWI | Up to 10 years | Up to $20,000 | 10 years | Mandatory for 2 years |
Bullet Points: Key Takeaways
• A DWI is not automatically a felony in Minnesota, but it can be charged as such under certain circumstances.
• A third or subsequent DWI within a 10-year period can be charged as a felony.
• A DWI that results in the death or serious injury of another person can be charged as a felony.
• The penalties for a DWI conviction vary depending on the severity of the offense and the individual’s prior criminal history.
• Ignition Interlock Device (IID) installation may be mandatory for up to two years following a felony DWI conviction.
• A felony DWI conviction can lead to a permanent criminal record and impact an individual’s ability to obtain certain licenses, certifications, and education opportunities.
