An arrest for drunk driving or a DWI of any sort can be serious. For repeat DWI offenses, the consequences are even more severe. However, people facing a second or third DWI charge still have options.
Determination of multiple offenses
How exactly are multiple or repeat DWI offenses calculated? Minnesota has a 10-year “look-back” period, which means a DWI conviction or an alcohol-based revocation of your driving privileges can be used to “enhance” a later offense, or raise its sentence, for 10 years.
This means that even if you have never been convicted of a DWI, you still could have a “prior” if your license was revoked for an alcohol-based reason.
Penalties for multiple offenses
DWI convictions carry both criminal and administrative penalties. Penalties vary based upon several details, but the following is a guideline:
- First offense DWI with a BAC below .16: a misdemeanor charge, 90 days in jail and/or a $1,000 fine, license revocation and other possible administrative penalties.
- First offense DWI with BAC above .16 or a child in the car: a gross misdemeanor charge, one year in jail and/or a $3,000 fine, whiskey plates, license revocation and other possible administrative penalties.
- Second offense DWI or a first offense with refused DWI test: a gross misdemeanor charge, one year in jail and/or a $3,000 fine, whiskey plates, license revocation and other possible administrative penalties.
- Third offense DWI: a gross misdemeanor charge, one year in jail and/or a $3,000 fine, forfeiture of vehicle, whiskey plates, license revocation and other administrative penalties more severe than those for a second offense.
- Fourth or more offense DWI: a felony charge, 7 years in prison and/or $14,000 fine, forfeiture of vehicle, whiskey plates, license cancellation and other administrative penalties more severe than those for third offense.
Administrative penalties vary and include vehicle forfeitures, a longer loss of driving privileges, requirement for ignition interlock device, license plate impoundment, and more.
Options for drivers charged with second or beyond DWI
If you have been charged with your second or more DWI in 10 years, you still have options for a DWI defense. These include potential collateral challenges to your previous convictions if you were not represented by an attorney, challenging the admissibility of the state’s test results, suppression of evidence obtained in violation of your constitutional rights, and even avoiding mandatory jail time by getting in the ignition interlock program.
Working with an experienced DWI attorney is the best way to learn how you can defend yourself against the most severe consequences when facing multiple DWI charges. It is always in your best interest to get proper legal help for such serious charges and potential consequences.