What Happens If You Receive 3 DUIs in a Year In Minnesota?
10 months ago by Brian
Getting charged with a DUI in Minnesota one time is not good, let alone two or three times. When you find yourself in this predicament, you need to consult with a DUI criminal defense lawyer right away.
You’ll need legal support to battle this type of conviction, especially if you have priors or multiple arrests for DUI.
How the Charges Add Up: Basic Guidelines
To understand what you’re facing, it’s helpful to review the penalties for single and multiple DUIs in Minnesota. A DUI conviction affects you both criminally and administratively.
While the court considers several factors when making a decision, the following basic guidelines apply.
First Offense DUI with a Blood Alcohol Content (BAC) of .16 or Below
A first offense of this type is a misdemeanor charge that includes up to 90 days of jail time and or a $1,000 fine. The defendant also faces revocation of their driver’s license along with other administrative penalties.
First Offense DUI with a BAC Over .16 and a Child Inside the Car
This gross misdemeanor offense may lead to one year in jail and/or a $3,00 fine. It also includes whiskey plates, driver’s license revocation, and other possible administrative punishments.
Second Offense DUI with or First Offense with Refused DUI Testing
A second offense of DUI or first offense of DUI with the refusal of DUI testing is considered a gross misdemeanor charge. It may lead to one year in jail and/or a $3,000 fine, whiskey plates, revocation of your driver’s license, and similar administrative punishments/fines.
Third Offense DUI
If you receive three DUIs in a year, the third offense is considered a gross misdemeanor charge that normally comes with up to a one-year jail sentence and/or a $3,000 fine.
It typically involves penalties in the form of vehicle forfeiture, whiskey plates, license revocation, and similar administrative penalties.
Naturally, if you’re charged with a third DUI in just one year, you obviously beat some of the charges – like a year’s time in jail – for a first or second-offense DUI.
For a third charge, the judge, by law, must impose a jail sentence of at least 90 days – time which can be served in jail, under intense supervision, or a combination of the two.
Four Or More DUI Offenses
If you’re convicted four or more times with DUI, you’re facing a felony charge – one that comes with up to seven years in a federal prison facility and/or a $14,000 fine.
The punishment also includes penalties like vehicle forfeiture, whiskey plates, cancellation of your license, and more severe administrative sanctions.
Whiskey Plates and the State’s Ignition Interlock Program
When you’re convicted of a DUI, your license plate is impounded, and you’ll need to obtain whiskey plates – plates that begin with the letter “W” so drivers with former DUIs may be identified.
However, the state legislature in 2021 made it possible to bypass this requirement through Minnesota state’s ignition interlock program.
The Ignition Interlock Program: An Alternative to Whiskey Plates
The ignition interlock program allows you to drive with a limited license, so you can still go to work. If you’re convicted of DUI, you can opt for the installation by paying for the installation of the device.
How the Program Works
The driver must perform a breath test before starting their car and during random times while driving as well.
A camera inside the device checks that the driver is performing the test. If the driver has been drinking and it’s recorded on the breath test, they cannot turn over the ignition.
People with DUIs with limited licenses must use the devices to drive.
Receive the Proper Defense – Contact a DUI Defense Attorney Right Away
If you’ve been charged with a third DUI near Woodbury-St. Paul, Minnesota, you need to contact a lawyer that knows how to provide you with the best outcome.
Without a DUI attorney on board, you’re bound to have difficulties in challenging the admissibility of testing results or avoiding mandatory jail time.