What are Your Options if You Get a Second DWI?
2 years ago by Brian
If you are currently facing a second DWI charge near Woodbury, MN, you have several legal options. First, if you believe you have a strong legal defense, you could take your case to trial and raise a strong defense in court.
Alternatively, your lawyer might be able to work out a favorable plea deal with the prosecuting attorney handling your case.
In Minnesota, DWI stands for driving while impaired. A second DWI conviction is a gross misdemeanor that can result in serious penalties upon conviction.
An experienced Woodbury, MN DWI lawyer at JS Defense, PA, can represent you during every stage of your criminal proceedings, examine your legal options, and help you pursue the best possible outcome in your case.
What is a Second DWI?
For you to be convicted on a second DWI, a minimum of two aggravating factors must be present. Those aggravating factors include:
- A blood alcohol concentration (BAC) of at least 0.16 percent, as determined by reliable breathalyzer evidence
- Having a minor who is under 16 years of age present with you in the vehicle
- Having one or two previous convictions for DWI — or license revocations — within the past ten years
Potential Penalties Upon Conviction
If the state prosecutor satisfies all of the legal elements of their claim and obtains a conviction against you, you may be subject to various penalties. Specifically, a judge could sentence you to a maximum of one year in prison, a $3000 monetary fine, or both.
Under state law, the minimum fine is $900, in addition to an estimated $80 surcharge.
Possible Legal Defenses to a Second DWI Charge
In some cases, a person accused of a second DWI may be able to raise a strong legal defense to their charge. If the judge or jury believes this defense, the criminal case could be subject to dismissal. Common defenses to a DWI include:
- Faulty breathalyzer evidence
- Police obtaining unlawful statements from the accused when they invoke their right to the presence of counsel
- Unlawful traffic stop
- A health condition that impacts a field sobriety test result
Our experienced Woodbury DUI & DWI Lawyer will let you know if you are eligible to raise any of these legal defenses to your pending DWI charge.
Moreover, in some instances, we may be able to obtain a favorable plea deal with the state prosecutor on your behalf. In exchange for pleading guilty, some prosecutors are willing to reduce a second-degree DWI charge down to third-degree DWI, fourth-degree DWI, or some other lesser charge.
A prosecutor’s willingness to offer a favorable plea deal will depend upon numerous factors, including the driver’s prior criminal record, the jurisdiction where the arrest occurred, and whether or not the accused has any available legal defenses.
The prosecutor may also offer the accused a term of probation. If the accused satisfies all of the probation conditions over a period of time, they will not have a criminal conviction on their record.
Call a Top-Rated Woodbury, MN DWI Lawyer Today
If you are facing pending charges for a second DWI, it is essential that you have experienced legal representation in your corner right away. The skilled attorneys at JS Defense, PA, are ready to help you handle every aspect of your criminal case.
For a free case evaluation and legal consultation with an experienced DUI DWI attorney, please call us today at (651) 968-9652 or contact us online to learn more.
