• 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

What is the difference between felony and misdemeanor DWI in MN?

According to the Minnesota Department of Public Safety, it is illegal for drivers to operate a vehicle under the influence of alcohol or with a blood alcohol level at or above 0.08. However, the penalties and consequences drivers face for this offense depend on how many alcohol-related convictions are on their record and if the DWI is considered a misdemeanor or a felony.

Misdemeanor DWI

The department states that a first, second or third DWI offense is viewed as a misdemeanor. However, a first or second DWI offense can be elevated to a gross misdemeanor if the driver’s BAC level was at or above 0.16, if there was a child in the vehicle at the time of the arrest or if he or she refuses to take a chemical test. If this is the person’s third DWI, the charge automatically becomes a gross misdemeanor.

When drivers are charged with a gross misdemeanor, the penalties become more severe. For example, a driver who receives a DWI for the first time, and has a BAC level below 0.16 may be required to pay a $1,000 fine or spend up to 90 days in jail. In comparison, a driver who is charged with a first offense gross misdemeanor may have to spend up to a year in jail and pay a $3,000 fine.

Felony DWI

Drivers who are arrested for driving under the influence may be found guilty of a felony DWI if, states the Minnesota House of Representatives, the following circumstances are present:

  • They have a prior felony DWI conviction on their record
  • They were convicted of committing a felony crime of criminal vehicular homicide involving alcohol or another form of controlled substance in the past
  • They have three or more drunk-driving related convictions on their record during the past 10 years

Unlike a misdemeanor DWI charge, factors such as having a child in the car or driving with a high BAC level do not aggravate this charge. Instead, the only circumstances that can contribute to a felony are previous, qualified drunk-driving related incidents and prior convictions for a felony DWI.

Drivers who face charges for felony DWI may be required to pay a fine of no more than $14,000 and spend up to seven years in prison. However, if drivers have other criminal convictions on their record, they may face a prison sentence of more than seven years.

DWI charges come with severe penalties

The charges for both felony and misdemeanor DWI are extremely severe and have the potential to harm a driver’s reputation, employment prospects and finances. If you were recently charged with DWI, consult with an attorney who can explain to you your legal rights.

Primary Sidebar

DWI Defense

  • Drunk Driving (DWI/DUI)
    • Airmen and Pilot DWI
    • Boating While Intoxicated (BWI)
    • High-Profile Driving While Intoxicated (DWI)
    • Myth Of The Cheap Driving While Intoxicated (DWI)
  • Driving Under the Influence (DUI) of Drugs
  • DWI Penalties & Consequences
    • First Offense DWI
  • Contesting DWI Tests
    • Understanding Blood Alcohol Content
  • Loss Of License

Schedule a Consultation

    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