What is Fourth-Degree DWI in Minnesota?
1 year ago by Justin M. Schiks
If you’re pulled over for DWI in Minnesota, you’re facing a serious offense – even if it’s your first DWI. Law enforcement takes this type of violation seriously. If you’re charged with 4th-degree DWI, it means that you’re charged with driving a vehicle under the influence of a controlled substance and/or alcohol. This charge is given to first-time offenders who have had no previous DWIs in the past ten years.
The blood alcohol concentration (BAC) is between .08 and 0.16. For commercial drivers, the range is between .04 and .016. You may also be subject to the charge of 4th-Degree DWI if you’re driving with a canceled driver’s license, which is deemed “inimical to public safety.”
If you face any type of DWI charge, consult with a DWI defense attorney immediately.
What Is a 4th DWI in Minnesota?
In Minnesota, a 4th-degree DWI is typically only a misdemeanor charge and is thought of as the least serious of the offenses for DWI. It would apply to first-time offenders without any aggravating factors: a particularly high blood alcohol content over 0.16, a child being in the vehicle, and prior convictions of DWI. According to Minnesota law, drivers with a BAC of 0.08 or higher are considered legally impaired. However, if aggravating factors are present, then the charge could rise to higher degrees of DWI offenses.
Consequences
The consequences one faces for a 4th-degree DWI can range from financial, legal or personal.
- Fines: A criminal may be fined up to $1,000. The economic cost puts a burden on a person and his family, not to mention other related expenses, like court costs or higher insurance rates.
- Jail Time: Judges may impose as many as 90 days in jail. For first-time offenders, however, probation is commonly given instead, which could include requirements such as alcohol education classes or community service.
- License Suspension: Individuals might lose their license for 90 days, something quite an inconvenience in commuting and daily responsibilities. This suspension can be brought down to 30 days on grounds of participation in the Minnesota Ignition Interlock Program.
- Ignition Interlock: Offenders may be asked to install an interlock device in order to restore their driving privileges. An ignition interlock ensures, before a vehicle starts, that a driver is sober. In addition, accountability will have added costs for drivers.
- Criminal Record: A misdemeanor DWI stays on a person’s criminal record, which can impact employment, housing applications, and even professional licensing opportunities. Employers and landlords may view this record unfavorably, limiting future prospects.
Knowing these penalties highlights the importance of seeking experienced legal representation to minimize their impact. The Minnesota Department of Public Safety provides detailed guidance on DWI-related penalties.
Fourth Offense DWI Penalties in Minnesota
A fourth DWI offense in Minnesota, occurring within a ten-year period, is a felony-level offense carrying some very serious potential penalties. The idea behind these penalties is to prevent repeat offenses and guarantee public safety. Key consequences include:
- Lengthy Imprisonment: The sentencing for felony DWI can go up to seven years. Many offenders receive minimum mandatory sentences, especially when there are aggravating factors present.
- Substantial Fines: The fines go up to $14,000, hence highly burdensome to the offender. Courts may also impose additional fees for probation supervision or alcohol monitoring.
- License Cancellation: Habitual offenders face the permanent revocation of their driver’s license. Reinstatement is a lengthy process requiring proof of rehabilitation, completion of treatment programs, and compliance with state regulations, including participation in the Ignition Interlock Program.
- Vehicle Forfeiture: The State can seize any vehicle used in committing the crime. This might lead to permanent loss of or expensive legal fights to get back the vehicle.
- Chemical Dependency Treatment: Usually, courts will sentence the offender to go through intensive chemical dependency evaluations and treatment. These programs aim to address the root causes of repeat offenses and support long-term sobriety.
In addition to these penalties, offenders may face challenges reintegrating into society, including difficulties finding employment or housing due to their felony record. Minnesota’s strict penalties reflect the state’s commitment to public safety and reducing the incidence of impaired driving.
Possible Penalties for Fourth-Degree Misdemeanor DWI Offenders
If you’re convicted of a 4th-degree DWI misdemeanor, the court may punish you in several ways.
- Fines: You may be required to pay fines up to $1,000, exclusive of fees and other surcharges.
- Jail Time: Jail time may be imposed up to 90 days.
- License Suspension: You can get your license revoked for up to 90 days.
The Range of DWI Offenses
DWI offenses range from 4th-degree misdemeanor to 3rd-degree gross misdemeanor to 2nd-degree gross misdemeanor to 1st-degree misdemeanor. The 4th-degree misdemeanor for DWI is a baseline offense for first offenders.
Aggravating Factors
If you’re a first-time offender and refuse to take a chemical test, the charge jumps to a 3rd-degree DWI. Three aggravating factors increase the seriousness of a DWI:
- Having a previous DWI conviction or license renovation in the past ten years.
- Have a blood alcohol concentration (BAC) of .16 or higher.
- Having a child under 16 years old in the car who is more than three years younger than the driver.
The above factors escalate the charge to a third-degree DWI or gross misdemeanor. Naturally, you need to consult with a DWI lawyer to plan a defense strategy. Work with a legal professional who understands the intricacies of these cases.
Also, if you refuse a chemical test, the charge is increased for a second-degree DWI (a gross misdemeanor), which is punishable by a year of jail time and/or up to $3,000 in fines. A test refusal carries at least a year’s loss of your driving privileges as well.
The charge is considered a felony, or 1st-degree DWI, if you’re involved in an accident or a previous crash where another person is injured or killed.
Because a 4th-degree DWI is considered a misdemeanor, it does not carry minimum sentencing requirements. As noted, the greatest penalty is incarceration of 90 days with a fine of $1,000. On average, you’ll pay a fine of $300 and be sentenced to probation.
In addition, a 4th-degree DWI does not require mandatory bail or release guidelines. If you’re released from jail when you’re arrested and show up in court or waive an appearance through your lawyer, you might not have to pay bail and still stay out of jail.
4th Degree DWI MN: Expungements
Expungement removes the record of the conviction, improving employability and housing opportunities.
Requirements for Expungement
To be eligible for expungement:
- The petitioner must have served all terms of the sentence, including but not limited to probation, fines, and treatment.
- A waiting period of at least two years after probation ends is required.
- There should be no subsequent criminal charges during the waiting period.
Steps to Petition for Expungement
- File a Petition: Submit the necessary paperwork to the Minnesota court system.
- Notify Relevant Agencies: Inform all involved parties, such as the prosecutor and law enforcement.
- Attend a Hearing: Appear in court to demonstrate why expungement serves the public and personal interest.
The Minnesota Judicial Branch provides guidance on the expungement process.
Benefits of Expungement
- Employment Opportunities: Employers performing the background checks would not find the instance of DWI; hence, raising fewer barriers to getting the job.
- Housing Access: A clean record might easily secure rental agreements because generally landlords consider criminal records as a minus during their tenant screening.
- Improved Prospects: Removing the conviction means better potential for professional licenses, and other opportunities when people must undergo background checks.
Sealing a record of a 4th-degree DWI can relieve significant burdens and help you move on with confidence in your personal and professional life.
Contact a DWI Defense Lawyer Today
While a fourth-degree misdemeanor is the least serious DWI offense, it does not mean you should view it lightly. You still need to obtain the services of a lawyer. In Minnesota, contact JS Defense for a consultation now.