What Is A DWI In Minnesota?
A DWI, whether a misdemeanor or felony, is very serious and warrants serious repercussions. If you have been charged with your first, second, or third DWI, you may be able to get your record expunged with the right lawyer by your side.
A DWI is sometimes referred to as an OWI in Minnesota. They both refer to the operation of a motor vehicle while the driver is impaired by either alcohol or drugs. This act endangers the lives of all other drivers and pedestrians on the road and is heavily punished by the state.
A DWI can be given for driving an automobile, a commercial vehicle, or basically anything you can drive on the road, such as a tractor. The purpose of this charge is to keep the public safe from accidents.
No one gets drunk just to drive. The choice to drive intoxicated is a mistake you wouldn’t normally make. Too much of a mind-altering substance affects your ability to make decisions in negative ways that can get you in trouble.
How Long Will A DWI Stay On My Record?
A person who meets certain conditions may have a DWI expunged from their record as long as it is considered a misdemeanor. An expunged record is unavailable to the public but can still be seen and used by the courts in the future if you are charged in another crime, especially another DWI. Minnesota shares its DWI information with other states.
You must retain the help of an excellent DWI attorney to help with the expungement process. The attorney can guide you through the process and get you the results you desire and the ending you need to ensure your success in the future. A DWI that is not expunged will follow you in the court system for ten years.
What Are The Penalties For A DWI?
The penalties for a DWI completely depend on the details of your case. These details will also determine whether you are charged with a misdemeanor or a felony. The repercussions can include fines, jail time, license plate impoundment, and the loss of your driver’s license. The first three DWI’s without causing any bodily injuries are considered misdemeanors.
The first three DWIs will cost a person their license anywhere from ninety days up to three years. A chemical dependency assessment will be completed on the accused and if needed they may be required to complete some sort of alcohol or drug treatment before regaining their license. An ignition interlock device may be required as well.
Fourth, third, and second-degree DWIs are usually misdemeanors. A first degree DWI is always a felony.
A gross misdemeanor DWI is given to a person who causes an injury during their DWI but is not necessarily serious enough to be charged with a felony. The punishment consists of up to one year in prison with a $3,000 fine and the loss of a driver’s license for a minimum of two years.
What Makes A DWI A Felony?
The more DWIs you receive, the deeper the charges and punishments. You may be charged with a felony DWI if:
- you are arrested for four or more DWIs in ten years
- you have previously been convicted for a felony DWI
- you have a prior conviction of an impaired driving-related serious injury or death
If you didn’t hurt anyone or have any prior DWI offenses, then chances are you will be given a misdemeanor and be eligible for expungement.
For the record, a person who refuses to complete sobriety tests given by an office will be automatically given a DWI misdemeanor.
What Can Kirk Anderson Do For Me?
Attorney Kirk Anderson at Anderson Law Firm, PLLC is experienced and aggressive when it comes to DWI defense. He believes that a person should not be punished for the rest of their life for one mistake and he will study your case from every possible angle to get you the best results.
Contact us for a free consultation about the details of your case. We are here to protect you, your rights, and your future.
DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.