Second Offense DWI in Minnesota

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If you are charged with a second DUI (referred to as DWI in Minnesota) within 10 years of your previous conviction, you face severe penalties. These include fines, jail time, and license suspension.

Administrative Penalties

  • Like most other states, Minnesota courts require that your driver's license be revoked for a certain period of time. If your blood alcohol level was less than .16, your license will be suspended for one year OR for one year of an ignition interlock restricted driver’s license. If a second offender has a BAC over .16, the driver will lose two years of driving privileges OR be two years of an ignition interlock restricted driver’s license.
  • Once you are allowed to reinstate your license, you will have to pay several hundred dollars and supply proof of an SR22 insurance policy for Minnesota. You should also expect to have your license plate impounded for a year, after which you will be given a plate with codes on it to show that you have had a second DUI in Minnesota.

Criminal Penalties

A second offender with a BAC under .16 will receive a sentence of 90 days in jail and/or a $1,000 fine. If the BAC is .20 or higher, the sentence is one year in jail and a $3,000 fine. In some cases, you can serve extra jail time to reduce your fines. Sentences are more severe if a minor was in the vehicle. You might be able to reduce your sentence by taking an alcohol treatment class, or being put on probation, but this often requires assistance from a lawyer.

Obtain Legal Assistance

Your lawyer may be able to help plea bargain a less severe charge that carries fewer penalties. However, you should be aware that if you are accused of a DUI again in the future, it will be treated as a third offense, even if you plea bargain to a lesser charge this time. You and your attorney may also decide to plea nolo contendere, which is neither a guilty nor not guilty plea. These are just a few of your options for dealing with a second DUI in Minnesota; contact a lawyer to learn more.

Updated by: , Attorney

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