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Aggravating Factors for DWI Charges DWI

Aggravating Factors for DWI Charges

1 year ago by Brian
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Many people think DWI charges are not that serious, but there are many factors that can increase the penalties for a DWI substantially. Speak with a Woodbury, MN DWI lawyer who can help defend against your charges.

If you are facing a criminal charge for driving while intoxicated, it is important that you have experienced legal representation in your case as soon as possible. If the charge were to turn into a conviction, you could be looking at serious penalties, including jail time. These potential penalties become even more severe if certain aggravating factors and enhancements are present in your case. 

The experienced Woodbury, MN DWI lawyer at JS Defense, PA., can help you fight your DWI charge and assist you with your defense. Please speak with us today to learn more about how we could assist with defending you against your DWI criminal charge. 

DWI Enhancements

Pursuant to the Criminal Code for the State of Minnesota, DWI charges can be subject to various enhancements under certain circumstances. If one or more aggravating factors are present in your case, you could ultimately be charged with a more serious offense. In turn, if you are convicted for the underlying offense, you might be faced with more significant penalties. Possible aggravating factors that could exist in a Minnesota DWI case include the following:

  1. A prior DWI charge that happened within the ten-year period leading up to the most recent charge (either a DWI conviction or some type of license revocation that was alcohol-related)
  2. A minor under 16 years old was present in the vehicle at the time of the DWI offense, and the minor is at least 36 months younger than the individual who was driving the motor vehicle
  3. The person who was charged with the DWI offense has a blood alcohol concentration (BAC) of at least 0.20

In DWI cases, where none of these aggravating factors exist, you could be facing the lowest DWI charge – also called a fourth-degree DWI. In the event there is one aggravating factor present, you would be looking at a third-degree DWI charge. A second-degree DWI charge can happen when there are at least two aggravating factors that are present in the case. 

First-degree DWI charges are felony offenses, and you could be charged with felony DWI based upon your prior criminal history. For example, if your most recent offense is your fourth license revocation or DWI conviction that you sustained in a ten-year period, you could be charged with and convicted of first-degree felony DWI. Similarly, you could be charged with felony DWI if you sustained a previous conviction for felony DUI or for criminal vehicular homicide or operation. 

Call a Knowledgeable Woodbury, MN DWI Lawyer Today

Being convicted on any DWI charge in Woodbury is serious business, and a conviction can have important legal, financial, and personal consequences. The skilled team of attorneys at JS Defense, PA., will do everything possible to help you avoid a conviction in the first place. If you are ultimately convicted, we will work to help you minimize the potential consequences. 
For a free case evaluation and legal consultation with an experienced Woodbury, MN DWI Lawyer, please call us today at (651) 968-9652 or contact us online for more information about how we can help.


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