Laws About the 2nd DUI in Minnesota
Minnesota law treats a second driving while intoxicated (DWI) conviction within a 10-year period as a serious offense. The criminal penalties are enhanced, as well significant administrative sanctions placed on your license and vehicle. Depending on the circumstance, a second offense could also result in the forfeiture of your vehicle.
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Basic DWI Laws
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Minnesota DWI laws prohibit driving a vehicle while you are under the influence of alcohol or a controlled substance, either together or separately, or have a BAC of .08 percent of higher within two hours of driving. There are four degrees of DWI charges, with the first degree being a felony, the second and third degrees being gross misdemeanors and the fourth degree being a misdemeanor. Aggravating factors that will result in penalty enhancement apply to the second, third and fourth degree DWIs and include prior convictions, excessive BAC (.20 percent or more) and a child younger than 16 in the vehicle.
Second DWI Offense
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If you are arrested for a second violation within 10 years of your first conviction date (not first arrest date), you will be charged with a third-degree DWI. If, in addition to the foregoing, you refuse to submit to a chemical test to determine your BAC, the charge will be increased to a second-degree DWI. For purposes of determining whether you have committed a second violation, the prior DWI offense can relate to any motorized vehicle, off-road or highway, or motor boat. In fact, the prior offense does not have to be a DWI conviction but can be any prior impaired driving-related loss of license such as an implied consent revocation.
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Criminal Penalties
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If your second offense leads to a conviction for third-degree DWI, you will be sentenced up to 30 days incarceration, with a minimum of 48 hours served in jail or workhouse. You will also be required to perform eight hours of community service for each day less than 30 served. You can be fined up to $3,000. If your second offense is charged as a second-degree DWI, you will remain in custody until your first court appearance. If your BAC was .20 percent or more, you may also be required to wear a remote electronic alcohol monitoring (REAM) sensor as a condition of your pre-trial release. Such aggravating factors can also result in a forfeiture of your vehicle.
Administrative Sanctions
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Separate from the criminal penalties, you will incur administrative sanctions against your license in the form of Administrative License Revocation (ALR). For a second conviction, your license will be suspended for at least 180 days, which will be increased to one year for an aggravating factor of either excessive alcohol or child passenger. You will also incur an Administrative License Plate Impoundment, which applies not only to the vehicle you were driving when arrested but to all vehicles in which you have any ownership interest. The initial plate impoundment will occur when you are arrested, with a minimum impoundment term of one year. During that time, you are prohibited from driving any motor vehicle unless it displays a specially coded plate and you have obtained a valid license.
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References
- Photo Credit police car up close image by Aaron Kohr from Fotolia.com
