DUI/Criminal Vehicular Operation Lawyer in Minnesota

Tenaciously Defending Against Charges in Anoka & Minneapolis

Minnesota’s laws pertaining to driving while under the influence of alcohol and/or drugs are very strict. The legal limit for blood alcohol concentration (BAC) from a breathalyzer test is .08 percent. When arrested with a BAC at this degree or higher, it consists of a “per se” DWI (driving while intoxicated). However, you can be arrested for DUI (driving under the influence) for BAC levels lower than this. When arrested and charged with any type of impaired driving, you face serious penalties, both criminal and administrative by the Minnesota Department of Public Safety.

In the case of DWI/DUI, you need professional help from an attorney who knows the law, the science, and the technical factors involved in these charges. You will also want someone who understands the prosecutor’s tactics and who can develop the best strategy for putting the case against you in doubt. At Midwest Defense, our Minnesota DUI attorney has the knowledge, determination, and skills to make a significant difference in your case.

Speak with an attorney at Midwest Defense about your charges in a free consultation. Contact us at (651) 808-0335 as soon as possible.

What Are the Penalties for a DUI in Minneapolis?

A DUI conviction is unlike many other criminal offenses because it warrants both administrative and criminal penalties. The severity of the penalties weighs heavily on the defendant’s prior convictions and their BAC at the time of the reported offense, as well as other factors such as the involvement of injuries or death. That said, we explain the penalties for a DUI conviction in Minnesota below.

A first-time DUI offense involving a BAC under 0.16 is a gross misdemeanor punishable as such:

• Up to 90 days in jail
• Maximum $1,000 fine
• License plates impounded
• No driving for 15 days and a limited license for the remaining 90-day period OR full driving privileges with use of an ignition interlock for 90 days
  • 90 days is reduced to 30 days upon a guilty plea

If a child was in the vehicle at the time of the alleged offense, you can also get charged for a gross misdemeanor, but the penalties will be enhanced to 1 year in jail and/or a $3,000 fine. The administrative penalties will remain the same.

On the other hand, a first-time DUI with a BAC of 0.16 or over is a gross misdemeanor punishable by up to 1 year in jail and/or $3,000 fines, regardless of whether a child was in the vehicle. However, the administrative penalties depend on the presence of a child in the car. If a child was NOT in the vehicle, you will lose your driving privileges for 90 days and your plates will get impounded. Keep in mind that a judge may allow you to choose the following restricted driving privileges if a child was not in the vehicle:

• 5 days of no driving privileges and a limited license for the remaining 90-day period
• Full driving privileges for 90 days with the use of an ignition interlock

That said, the administrative penalties for a first-time DUI involving a BAC of 0.16 or over AND a child in the vehicle are harsher, as they include 1 year of no driving or 1 year of an ignition interlock restricted driver’s license, license plate impoundment, and vehicle forfeiture. Needless to say, you could lose a lot upon a conviction for this offense.

A second DUI offense with a BAC under 0.16 is a gross misdemeanor punishable by:

• Up to 1 year in jail
• A maximum $3,000 fine
• 1 year of no driving OR ignition interlock restricted license for 1 year
• License plates impounded

If a child was in the vehicle during the reported second offense, the criminal penalties will remain the same, but the administrative penalties could include up to 2 years of license suspension or an ignition interlock restricted license, license plate impoundment, and possible vehicle forfeiture.

What are the consequences for a third DUI offense in Minnesota? Regardless of your BAC and refusal to submit to testing at the time of the reported offense, you will get charged with a gross misdemeanor punishable by up to 1 year in jail and/or a $3,000 fine, but this time, your license will get canceled, your plates impounded, and vehicle forfeited. In addition, you must complete 3 years of no alcohol or drug detection in order to get your ignition interlock device removed. This 3-year period includes a 1-year limited license with an ignition interlock restriction if you enroll in alcohol/substance treatment and a 2-year limited license with an ignition interlock restriction once you complete the treatment, totaling 3 years altogether.

A felony DUI charge in Minnesota is imposed when a defendant commits 4 or more DUI offenses in 10 years. The driver’sBAC level or test refusal doesn’t matter, as they could face up to 7 years in prison and/or a $14,000 fine, nonetheless. The administrative repercussions for a fourth (or more) DUI offense include:

• License cancellation
• 4 to 6 years of no detected use of alcohol and/or drugs for removal of an ignition interlock device, which is broken down as such:
  • 1 year of a limited license with an ignition interlock restriction upon enrollment in treatment
  • 3 to 5 years of an ignition interlock restricted driver’s license upon completion of treatment
• License plate impoundment
• Vehicle forfeiture

A driver could also get charged for felony DUI in Minnesota if they’ve previously been convicted of felony DUI or have a prior felony conviction for criminal vehicular homicide orinjury involvingimpaired driving.

Criminal Vehicular Operation Law & Penalties in Minnesota

Criminal vehicular operation, like DUI, is also a very serious offense in Minnesota. This crime generally involves causing physical injury to another while driving under circumstances such as:

• Driving with gross negligence

• Driving with a BAC of .08 or higher
• Driving with any amount of a Schedule I or II drug (other than marijuana)
• Driving while under the influence of alcohol and/or drugs
• Driving after getting a citation/warning issued about a vehicle defect, failing to fix it, and causing injury or death to someone else as a result
• Causing a traffic accident and then intentionally fleeing from the scene (hit and run)

Minnesota law includes various degrees of criminal vehicular operation based on circumstances such as causing great bodily injury that has a high likelihood of death or substantial bodily harm involving fractures or temporary disfigurement. These circumstances result in felony charges carrying criminal penalties of 3 to 5 years in prison and fines of up to $10,000. The administrative penalties for criminal vehicular operations involving great or substantial bodily harm include immediate license suspension and 2 to 6 years of driver’s license revocation.

Criminal vehicular operations that result in manslaughter or any other type of fatality are felonies punishable by 10 years in prison and $20,000 fines. In addition, your license will get suspended immediately and remain revoked for 10 to 15 years.

If the injuries caused by criminal vehicular operation were less than “substantial” or “great,” the offense is charged as a gross misdemeanor punishable by up to 1 year in prison and/or a $3,000 fine. Other potential penalties for criminal vehicular operation involving this degree of bodily harm include license suspension or even a vehicle forfeiture depending on the circumstances.

Get Dedicated Legal Assistance from Midwest Defense

When facing a DWI, DUI, or criminal vehicular operation, it is urgent that you get the legal representation you need as soon as possible. Our firm is here to provide you with protection of your legal rights and determined pursuit of your best interests through the criminal justice process.

We’re available 24/7. If you are facing arrest, talk to our Minnesota DUI/criminal vehicular operation attorney at (651) 808-0335 today.