What is a DWI?

A DWI is a very serious crime of Driving While Intoxicated.  If you are stopped by a police officer under suspicion of driving while intoxicated, they are allowed to test your BAC, or Blood Alcohol Content level.  This is usually done with a device known as a breathalizer.  If your BAC is found to be .08 or higher, you can be arrested for a DWI.

What are my rights when I am arrested?

The officers should read you your rights as they arrest you and make sure that you understand them.  You have the right to remain silent, as anything you say or do can be used against you in a court of law.  Your most important right is the access to legal counsel.  Seek this immediately as time is critical in a case such as this.  They will give you the best advice to keep out of more trouble than you are already in and help you to decide what actions you need to take in your case.

What are the possible penalties of a DWI?

There are four degrees of a DWI in the state of Minnesota.  They vary by how many aggravating factors are connected with your crime.  A fourth degree DWI is the most common, as it means that this is your first offense, you agreed to take the tests, and had a BAC of less than .20.  This is punishable by a sentence of up to 90 days in jail, a $1000 fine and 90 day suspension of your driver's license.

A third degree DWI occurs when there is one aggravating factor present.  Aggravating factors are a prior driving impaired incident within 10 years, driving with a BAC of .20 or more, and driving impaired with a passenger under the age of 16.  A third degree offense is punishable by up to a year in jail and a $3000 along with a very probable suspension of your driver's license for six months.  The state can also seek to have your license plates impounded and the vehicle seized.

A second degree DWI has two of the aggravating factors attached is considered a gross misdemeanor and is punishable by one year in jail , a $3000 fine and a six month suspension of your license.

The first degree DWI has all three aggravating factors included in the charge and is considered a felony.  This is punishable by up to five years in jail, a $10,000 fine and a license suspension of six months.  The state will also impound your license plates and you will permanently forfeit your vehicle with no recompensation.