Possible Penalties for a Second DUI Conviction
3 years ago by Justin M. Schiks
Driving under the influence (DUI), which is also known in Minnesota as driving while impaired (DWI), is a serious criminal charge that can lead to numerous penalties if you are ultimately convicted. Generally speaking, these penalties increase when a driver repeatedly incurs multiple DWI offenses. In addition to the legal penalties, such as jail time and incarceration, the driver could also face numerous administrative penalties imposed by the Department of Public Safety, such as a license suspension or revocation.
If you have been charged with a DUI/DWI for the second time, you should retain an experienced attorney as soon as possible. The Woodbury criminal defense lawyers at JS Defense, PA could represent you at your hearing and work to reduce (or eliminate) all of these potential penalties. Please give us a call today at (651) 968-9652 or contact us online to find out how we could assist.
What Counts as a Second DWI?
In order for a drunk driving offense to qualify as a second-time DWI, the driver must have incurred a DWI at some point within the previous ten years. In Minnesota, the term “driving” refers to some degree of physical control over the motor vehicle in question – or operating a motor vehicle while on a roadway within the State.
In order for a person to be guilty of a DWI offense, the driver must either be under the influence of drugs or alcohol (or some hazardous substance that has a substantial effect on the person’s ability to drive). The driver may also have a blood alcohol concentration (or BAC) of 0.08 percent or more. When a police officer lawfully arrests a person for DWI, it is a criminal offense if the driver refuses to submit to chemical testing, such as a blood alcohol test.
What are the Potential Administrative Penalties?
The Minnesota Department of Public Safety could impose several administrative penalties upon conviction of a second DUI/DWI offense (i.e., within the past ten years). Those potential penalties include the following:
- Revocation of the person’s driver’s license for a period of one year (i.e., two years, if the driver refused chemical testing or had a BAC of 0.16 percent or higher)
- Impoundment of the offending driver’s license plate
What are the Potential Legal Penalties?
If you have been convicted of a second DWI within a ten-year period, you could be incarcerated for up to one year, and you could be sentenced to a $3,000 fine. The sentencing judge, at a minimum, must sentence the offender to 30 days. This 30-day sentence could be in jail, doing community service, or some combination of both. Additional penalties might also apply if the driver refused a chemical test or had an extremely high BAC (0.16 percent or higher).
Talk to an Experienced Woodbury Criminal Defense Lawyer Today
The experienced attorneys at JS Defense, PA, will work hard to help you avoid a DUI conviction, along with the potential penalties that go along with it. To schedule a free consultation or case evaluation with a knowledgeable Woodbury criminal defense lawyer, please give us a call today at (651) 968-9652 or contact us online.