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What are Aggravating Factors in a Minnesota DWI Case? DWI

What are Aggravating Factors in a Minnesota DWI Case?

5 months ago by Brian
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In Minnesota, DWI charges are subject to enhancements, depending upon the seriousness of the offense and the circumstances of the arrest. A conviction for DWI can lead to extremely harsh penalties. Therefore, it is essential that you have experienced legal representation on your side as soon as possible. 

According to the Criminal Code for the State of Minnesota, a DWI charge is a criminal offense that is subject to enhancements. This means that the degree of the offense with which you are ultimately charged depends upon all of the circumstances surrounding your arrest. The higher the degree of your DWI charge, the harsher the criminal penalties you will receive if you are ultimately convicted of the charge. 

A DWI conviction on your record can lead to serious penalties, including possible jail time, monetary fines, community service, loss of driving privileges, and an ignition interlock device requirement on your vehicle. If you have been charged with DWI, it is important that you seek legal help as soon as possible. The Woodbury DWI lawyers at JS Defense, PA., will do everything possible to help you avoid the consequences of a conviction – and if that is not possible, to minimize the conviction consequences to the greatest extent possible. Please call us today to find out more about how we could assist you with defending against a Minnesota DWI charge. 

Types of Aggravating Factors in Minnesota DWI Cases

There are several types of aggravating factors in Minnesota DWI cases – the presence of which can increase the degree of your charge, as well as the potential penalties that you could receive upon being convicted. Possible aggravating factors in Minnesota DWI cases include the following:

  1. A blood alcohol concentration of 0.20 or higher for the present DWI offense
  2. The presence of a child who is under 16 years of age in the vehicle when the offense occurs, if the child is 36 months younger than the motor vehicle operator 
  3. The existence of a previous DWI offense that occurred within ten years of the current DWI offense (regardless of whether the offense was an alcohol-related license revocation or an actual DWI conviction)

If there are no aggravating factors, you can be charged with a fourth-degree DWI (the lowest possible DWI charge). If one aggravating factor exists, you can be charged with a third-degree DWI. Two or more aggravating factors can lead to a second-degree DWI charge. Finally, a first-degree DWI charge – which is a felony – is solely dependent upon your history. You may only be charged with first-degree DWI if your current offense is the 4th DWI conviction or license revocation that you received within the past ten years – or if you were previously convicted of either criminal vehicular operation/homicide or a felony DWI. 

Speak to an Experienced Woodbury DWI Lawyer Today

The knowledgeable team of attorneys at JS Defense, PA., can assist you with defending against your pending DWI charge. For a free case evaluation and legal consultation with an experienced Woodbury DWI attorney, please call us today at (651) 968-9652 or contact us online for more information.


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