Woodbury DWI Lawyer

The duration of a DUI on your record in Minnesota depends on various factors, including the severity of the offense and any prior DUI convictions. Generally, a DUI can stay on your record for a significant period of time, affecting your personal and professional life.

First-time DUI Offense

If it’s your first-time DUI offense in Minnesota, a conviction will remain on your record for ten years. During this period, the DUI conviction can be accessed by employers, insurance companies, and even the general public. It is worth noting that the Minnesota Department of Public Safety keeps a record of all DUI offenses, regardless of whether they occurred within the state or in other jurisdictions.

Subsequent DUI Offenses

If you have previous DUI convictions and are charged with another DUI offense in Minnesota, the consequences become more severe. The duration that subsequent DUI offenses stay on your record depends on the number of prior convictions and the time frame in which they occurred.

• Second DUI Offense: If you are convicted of a second DUI offense within ten years of your first DUI conviction, the offense will remain on your record indefinitely. This means that employers, insurance companies, and others will have access to this information indefinitely.
• Third and Subsequent DUI Offenses: If you are convicted of a third or subsequent DUI offense within ten years, the offense will also remain on your record indefinitely, with the same implications as a second offense.

Driving while impaired refers to the act of operating a motor vehicle while under the influence of alcohol, drugs, or any substance that impairs the driver’s physical or mental abilities.

In Minnesota, the legal blood alcohol concentration (BAC) limit for driving is 0.08%. If your BAC is at or above this limit, you are considered to be driving while impaired. It’s important to note that this limit applies to all drivers, regardless of age or experience. If you are under 21 years old, the limit is even lower, at 0.02%, and for commercial drivers, it is 0.04%.

However, it’s not just alcohol that can impair your ability to drive safely. Minnesota law also prohibits driving while under the influence of drugs, whether they are illegal substances or prescription medications. If a substance impairs your ability to operate a vehicle safely, you can be charged with driving while impaired, regardless of the specific drug involved.

Minnesota law does allow for jail time for first-time DUI offenders, although it is not mandatory for all cases. The decision to impose jail time depends on various factors, including the level of your BAC, presence of aggravating factors, and any previous DUI convictions.

Having a high BAC level at the time of arrest, typically above 0.16, increases the likelihood of facing jail time for a first DUI offense. While Minnesota has a minimum mandatory jail sentence for repeat DUI offenders, the court has discretion in determining the appropriate penalties for first-time offenders. However, a high BAC level signals a higher potential danger to public safety, which may lead to a more severe sentence.

Aggravating factors such as causing an accident, property damage, causing injury or death, or having a minor in the vehicle can also increase the likelihood of jail time. These factors demonstrate a higher degree of recklessness, which will prompt the court to impose harsher penalties.

There is no predetermined bail amount, though the law does set maximum bail amounts for misdemeanor charges. Bail is decided on a case-by-case basis. Several factors are taken into consideration. Some of the most prominent factors include:

• Severity of the offense
• Prior criminal record
• Flight risk
• Community ties

After being arrested for a DUI, you will typically have a bail hearing. During this hearing, the court will consider the factors discussed earlier to determine the appropriate bail amount.

Once the bail amount is set, you have the option of paying it in full or seeking assistance from a bail bond company. If you can not pay the entire amount, a bail bond company can secure your release by paying the bail amount on your behalf for a fee, usually around 10% of the total bail amount.

In addition to paying the bail, you may be required to adhere to certain conditions set by the court. These conditions could include attending mandatory counseling, abstaining from alcohol consumption, or regular check-ins with a probation officer.

In Minnesota, you may be charged with criminal vehicular operation. The severity of the charges depends on factors such as the extent of injuries, property damage, and any prior DUI convictions. There is a greater possibility of facing jail time or harsher penalties if a DUI charge involves an accident with injuries or death.

Apart from the criminal charges, you may also face civil liability for the damages caused in the accident. This means that you can be held financially responsible for the medical expenses, property damage, and other losses incurred by the other party involved in the accident.

Getting in an accident while drunk can have far-reaching consequences, including the following.

Personal Injuries

The most immediate consequence of a drunk driving accident is the potential for being sued for a personal injury.

License Suspension

If you’re involved in a drunk driving accident, your driver’s license may be suspended or revoked. The length of the suspension will depend on several factors, including the severity of the accident, any previous DUI convictions, and whether you caused injuries or fatalities.

Increased Insurance Premiums

Insurance companies consider drunk driving accidents as high-risk behavior, and as a result, they will raise your rates significantly.

Reputation Damage

A drunk driving accident can also have a lasting impact on your personal and professional reputation. News of the accident may spread in your community or workplace, leading to strained relationships and potential damage to your career.