Understanding 3rd Degree DWI in MN
1 month ago by Justin M. Schiks
Being charged with a 3rd degree DWI MN is confusing and overwhelming. The charge is more serious than a regular DWI since aggravating factors make it a much worse offense. Here at JS Defense: Minnesota Criminal Defense Lawyer in Woodbury, MN, we are prepared to help explain the intricacies of Minnesota’s DWI laws and walk you through the process. With the right knowledge and legal representation, you can make the first move to protect your rights and minimize the consequences on your future.
What Does 3rd Degree DWI Mean in Minnesota (MN)?
In Minnesota, a person faces a 3rd degree DWI when he is charged with driving while impaired, and at least one aggravating factor exists. Under Minnesota Statutes, section 169A.26, a third-degree charge applies when:
- Your Blood Alcohol Concentration (BAC) is 0.16 or higher at the time of testing.
- You have a previous DWI conviction or alcohol-related driver’s license revocation within the past 10 years.
- You refuse to submit to a chemical test, such as a breath, blood, or urine test, when requested by law enforcement.
These aggravating factors distinguish a 3rd-degree DWI from a 4th-degree DWI, which is usually a first offense without any aggravating circumstances. A clear understanding of these elements is essential for building an effective defense.
Penalties for a 3rd Degree DWI MN Conviction
A 3rd degree DWI conviction carries serious penalties, including up to one year in jail and fines of up to $3,000. Offenders typically face a one-year driver’s license revocation, with longer periods for repeat violations or aggravating factors. In many cases, regaining driving privileges requires installing an ignition interlock device. These penalties are designed to hold offenders accountable and discourage future violations.
Second 3rd Degree DWI Offense in 10 Years
What happens if it’s your second 3rd degree DWI offense in a decade? Minnesota law imposes harsher penalties for repeat offenders, including longer jail sentences and license revocation periods. You may also face mandatory participation in alcohol treatment programs and stricter probation conditions.
BAC of .16 or More Reading in a 3rd Degree DWI
If your BAC is 0.16 or higher, the charge is automatically escalated to a 3rd-degree DWI. This level of intoxication is seen as particularly dangerous, leading to enhanced penalties. Additionally, a BAC at or above this level may trigger an extended ignition interlock period and require chemical dependency evaluations.
3rd Degree DWI Refusals
In Minnesota, it is an aggravating factor if a person refuses to submit to a chemical test. Refusal automatically leads to a one-year revocation of the license and often makes the case more difficult to defend. The courts consider refusal as non-cooperation with law enforcement authorities and thus make penalties much worse for offenders.
Consequences of 3rd Degree DWI MN
A DWI arrest can lead to both administrative and criminal penalties, with the severity depending on the current offense and the individual’s prior record. Administrative consequences, such as license revocation, plate impoundment, and vehicle forfeiture, are handled by the Commissioner of Public Safety and are separate from criminal proceedings. Criminal penalties, including jail time, probation, fines, and mandatory treatment, are determined in court and result in a criminal record.
Will I Go to Jail for a 3rd Degree DWI in MN?
Yes, it is possible to go to jail for a 3rd degree DWI; it just depends on your case. First-time offenders, with mitigating circumstances, often will receive probation, house arrest, or community service instead of any jail time. In cases of second or more offenses, or with particularly high BACs or refusals, judges can order as many as 90 days or more in jail. Legal representation is critical to minimize these outcomes.
What Can a Minnesota DWI Attorney Do to Help?
At JS Defense, a skilled Minnesota DWI attorney can review evidence for errors, negotiate reduced charges or alternative sentences, and guide you through the complex license reinstatement process. In court, they’ll advocate on your behalf, emphasizing mitigating factors and ensuring your voice is heard. With experienced legal support, you can navigate the challenges of a DWI case more effectively and work toward a better outcome.
Speak to a Minnesota DWI Lawyer Today for Expert Guidance
If you’re facing a 3rd degree DWI MN charge in Woodbury or the surrounding areas, it’s essential to act quickly. At JS Defense: Minnesota Criminal Defense Lawyer, we have years of experience defending DWI cases and a deep understanding of Minnesota’s DWI laws. Let us help protect your rights and work toward the best possible outcome for your case. Call us today at 952-945-7824 to get started.
