• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
Call For A Free Consultation651-686-8800
  • Firm Overview
    • Articles
    • Settlements & Verdicts
    • Video Center
  • Attorneys
    • Jeffrey S. Sheridan
    • DeAnne L. Dulas
    • Andrew T. Hunstad
    • Randall A. Kins
  • Practice Areas
    • Criminal Defense
    • Aggressive DWI Defense
    • Aviation Lawyers
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Business Law And Litigation
      • Real Estate Law
      • Small Business Law
    • Federal Workers’ Compensation
    • Other Areas Of Law
  • Blog
  • Contact

Stricter law on high-BAC DWIs could affect thousands in Minnesota

In Minnesota, charges of driving while impaired that involve aggravating factors, such as high blood alcohol concentration levels, are punished more harshly than regular DWI charges. Earlier this year, state lawmakers lowered the BAC level that triggers these enhanced penalties from .20 to .16 percent. This change, which became effective in August, could result in harsher punishments for thousands of drivers in Eagan and other areas, according to The Minneapolis Star Tribune.

Legal changes

Under the new law, people convicted of DWI with a BAC of at least .16 will face gross misdemeanor charges. This type of charge, which is also referred to as a third-degree DWI, carries much harsher consequences than a fourth-degree or misdemeanor DWI. Potential third-degree DWI penalties include:

  • Maximum jail time of 12 months. For a misdemeanor DWI, maximum jail time is capped at 90 days.
  • A maximum fine of $3,000. This is triple the amount that a person can be ordered to pay after a fourth-degree DWI conviction.
  • Higher mandatory bail. Drivers facing gross misdemeanor DWI charges may have to post as much as $12,000 to secure release from jail.

Additionally, these drivers may face longer license revocation periods, required ignition interlock participation, and even greater insurance expenses. Unfortunately, an analysis of the available data suggests that this change will affect many people in Minnesota.

Expected impacts

The Minneapolis Star Tribune reviewed data from the past three years and concluded that about 5,024 people are convicted annually of DWI with BAC levels between .16 and .19. A report from KSTP News, meanwhile, indicates that an average of 25,635 people were convicted of DWI in Minnesota each year between 2013 and 2014. Together, these figures suggest that this change could affect roughly one in five people who are convicted of driving while impaired in the state in a given year.

The new law is expected to particularly affect people with past DWI convictions. According to state data, these people have an average BAC level of .165 when they are arrested for repeat offenses. People who are arrested with this BAC level within 10 years of a prior DWI offense will now face second-degree DWI charges, which carry lengthy mandatory minimum jail terms and a forfeiture of the vehicle involved.

Overall, under the new law, The Minneapolis Star Tribune estimates that nearly 3,000 more people could face gross misdemeanor DWI charges each year. This would represent a marked 71 percent increase in these charges.

Mounting a defense

Given these steep sanctions and the increasing number of drivers who may face them, the accuracy of BAC testing should be considered carefully in any DWI case involving higher BAC levels. Unfortunately, the equipment used for testing in Minnesota often yields unreliable results. People facing DWI charges will benefit from working with a DWI attorney who understands the shortcomings of Minnesota’s testing equipment and can highlight these potential issues or take other steps to pursue a more favorable outcome.

Primary Sidebar

Practice Areas

  • Criminal Defense
  • Aggressive DWI Defense
  • Family Law
  • Estate Planning & Litigation
  • LGBT Rights and Family Issues
  • Aviation Law
  • Federal Workers’ Compensation
  • Business Law And Litigation
    • Small Business Law
    • Real Estate Law
  • Other Areas Of Law

Contact the Firm

    Footer

    Schedule a Consultation

    Sheridan & Dulas, P.A. logo Sheridan & Dulas, P.A.

    1380 Corporate Center Curve #320
    Eagan, MN 55121

    Tel: 651-686-8800
    Driving Directions

    Hours

    Mon-Fri: 8:30 am – 5:00 pm

    Schedule a Consultation

    Practice Areas

    • Criminal Defense
    • Aggressive DWI Defense
    • Family Law
    • Estate Planning & Litigation
    • LGBT Rights and Family Issues
    • Aviation Law
    • Federal Workers’ Compensation
    • Business Law And Litigation
      • Small Business Law
      • Real Estate Law
    • Other Areas Of Law
    The information contained in this website is provided for informational purposes only, and should not be construed as legal advice on any matter. The transmission and receipt of information contained on this website, in whole or in part, or communication with the Sheridan & Dulas, P.A. via the Internet or e-mail through this website does not constitute or create a lawyer-client relationship between this firm and any recipient. You should not send any confidential information in response to this webpage. Such responses will not create a lawyer-client relationship, and whatever you disclose will not be privileged or confidential unless this firm has agreed to act as your legal counsel and you have executed a written engagement agreement with Sheridan & Dulas, P.A.. | Copyright © 2021 | All rights reserved | Disclaimer | Privacy Policy | Sitemap