Understanding 3rd Degree DWI Charges in Minnesota
1 month ago by Justin M. Schiks
A 3rd degree DWI MN changes how one functions in personal, social, academic, and career life. Employment opportunities will dwindle alongside their good name and social life. If adequate measures are not taken on time, it can quickly lead to personal, social, and employment damage. These DWI cases have multifaceted issues. It’s better to strategize on confronting the problems head-on instead of waiting.
At JS Defense, we don’t just explain the law. We help you take action when it matters most.
Understanding the Legal Implications of a 3rd Degree DWI in MN
Under Minnesota law, a third-degree DWI is classified as a gross misdemeanor, which is more severe than 4th-degree DWI charges. According to Minnesota Statute 169A.26, this charge applies when a person violates DWI laws and one aggravating factor is present at the time of the incident.
Aggravating factors can include:
- A blood alcohol content (BAC) of 0.16 or higher, twice the legal limit in most states, indicates a significantly high level of impairment and poses a serious risk to public safety.
- A prior DWI conviction or license revocation within the last 10 years suggests a repeated pattern of risky driving behavior and can lead to harsher penalties for the offender.
- A child under the age of 16 in the vehicle at the time of the arrest not only increases the severity of charges but also highlights the added danger and responsibility of endangering a minor’s safety.
Simply put, a 3rd degree DWI reflects a combination of elevated risk factors, leading to harsher penalties compared to lower degrees of DWI offenses.
Penalties and Consequences for a 3rd Degree DWI in Minnesota
Being charged with a third-degree DWI carries serious legal and administrative consequences. These are designed to act as both a punishment and a deterrent.
Possible Penalties Include:
- Fines: For a third-degree DWI, fines can reach up to $3,000, in addition to court fees and surcharges. The court may also require payment for a chemical dependency assessment and any mandated treatment programs.
- Jail Time: Offenders face potential jail time of up to one year. The exact duration depends on aggravating factors and any prior DWI offenses.
- License Suspension: A conviction can result in a driver’s license revocation of up to one year, influenced by the individual’s driving history. As outlined in Minnesota Statutes, participation in the ignition interlock device program may be required to regain driving privileges.
- Ignition Interlock Device: You may need to install an ignition interlock device to restore your driving privileges. This ensures sobriety while driving and typically involves additional costs for installation and ongoing monitoring.
Collateral Consequences of a 3rd Degree DWI Charge
Beyond legal penalties, a DWI conviction can have lasting personal and professional repercussions:
- Difficulty securing/maintaining employment due to a criminal record.
- Increased auto insurance premiums.
- Challenges with professional licensing or certifications, depending on your field.
- The strain on personal relationships as a result of the offense.
Aggravating Factors of a 3rd Degree DWI
Aggravating factors are pivotal in elevating a charge to third-degree DWI. These include:
- Previous DWI history: Repeat offenders are dealt with more severely due to patterns of impaired driving.
- A BAC of 0.16 or above demonstrates a significant level of impairment, warranting stricter enforcement.
- During the offense, a minor (under 16 years of age) in the vehicle highlights additional risks to passenger safety.
Each aggravating factor compounds the severity of the charge, leading to harsher sentences and limited negotiating options.
Can a Third-Degree DWI Be Expunged?
Yes, in some cases. Expungement in Minnesota means your record is sealed from public view, which can help you rebuild and move forward.
Eligibility for Expungement:
- You’ve completed your sentence, including any probation, fines, fees, or community service requirements as ordered by the court.
- Enough time has passed since your conviction, typically 2 to 4 years for gross misdemeanors, depending on the laws in your state. This waiting period allows the court to consider your behavior since the conviction.
- You haven’t been charged with any new crimes or been involved in any criminal activity during the waiting period, which shows that you’ve remained law-abiding and responsible.
Contact Our Team for Help with Your 3rd Degree DWI Case in Minnesota
Understanding your rights and acting fast are both crucial if you are facing a third-degree DWI in Minnesota; the most essential step is understanding your rights and taking immediate action. At JS Defense, we’re committed to guiding you through every step of the process, ensuring you know what to expect and how to move forward. Contact us at 952-945-7824, Woodbury, MN, for a confidential case review.
