Facing a 3rd degree DWI charge in Minnesota can be a stressful and overwhelming experience. Understanding what this charge entails, the potential penalties, and how to navigate the legal process is crucial. Here’s a straightforward guide to help you understand a 3rd degree DWI charge in Minnesota and what you can do to protect your rights.
What is a 3rd Degree DWI Charge?
A 3rd degree DWI in Minnesota is more serious than a standard DWI because it involves an aggravating factor—something that makes the offense more severe. These aggravating factors can include:
- Test Refusal: Refusing to take a breathalyzer or blood test after being read the implied consent advisory.
- High BAC: Having a blood alcohol concentration (BAC) of .16 or greater.
- Prior DWI: Having a prior DWI charge within the past ten years.
- Minor in the Vehicle: Driving with a child who is 16 years old or younger at the time of the offense.
For the State to charge you with a 3rd degree DWI in Minnesota, they must allege at least one of these aggravating factors.
What is the Maximum Penalty for a MN 3rd Degree DWI?
A 3rd degree DWI in Minnesota is classified as a gross misdemeanor. The maximum penalty for this charge is up to 364 days in jail, a $3,000 fine, or both. However, it’s important to note that many cases are resolved with minimal fines and no jail time, especially with the right legal representation.
Is There Mandatory Bail for a MN 3rd Degree DWI?
Whether you’re required to post bail for a 3rd degree DWI depends on the specifics of your case. If your charge is enhanced due to a BAC of .16 or higher, Minnesota law (Statute 169A.44) requires maximum bail for unconditional release. If you choose not to post bail, the court may require you to wear an alcohol monitoring device during the pre-trial phase.
Do I Have to Serve Jail Time for a 3rd Degree DWI in MN?
A 3rd degree DWI does not automatically mean you’ll serve jail time. Mandatory minimums for jail time depend on the number of DWIs you’ve had in the past ten years, not just the degree of the DWI charge. If your 3rd degree DWI is due to a prior DWI within ten years, a mandatory minimum of 30 days applies, with at least 48 hours in local confinement.
However, there are often ways around mandatory jail time. For example, many prosecutors are open to including an ignition interlock device as a condition of probation, which can allow for no jail time. Intensive supervised probation programs are another alternative that may help you avoid jail.
What are Common Resolutions of a 3rd Degree DWI?
A 3rd degree DWI charge can sometimes be reduced to a lesser charge. Here are some examples of possible outcomes:
- Test Refusal: If you initially refused the test but took a portable breathalyzer showing a BAC within the misdemeanor range, your charge could potentially be negotiated down to a 4th degree misdemeanor DWI or even careless driving.
- High BAC Plea Bargain: If your BAC was .16 or close to it, prosecutors might agree to reduce the charge to a 4th degree misdemeanor DWI.
- Evidentiary Issues: Issues such as flaws in the implied consent advisory or problems with the timing of the test can also be used to negotiate a better outcome.
Why You Need a Lawyer for a 3rd Degree DWI
Hiring an experienced lawyer for a 3rd degree DWI in Minnesota is crucial. A thorough examination of your case and skilled negotiation can make a significant difference in the outcome. Representing yourself or choosing an attorney who lacks experience with DWI cases could result in harsher penalties or missed opportunities for a better resolution.
If you’re facing a 3rd degree DWI charge in Minnesota, don’t navigate this complex situation alone. An experienced attorney can help you understand your options and fight for the best possible outcome. Reach out today to get the representation you need.
