Driving while impaired (DWI), sometimes called “DUI,” results in criminal and administrative penalties. The severity of these penalties increases for repeat DWI offenses. This article discusses some of the consequences for a third DWI. A DWI counts as a third offense if the motorist has two prior DWIs that occurred within the past ten years. (Also, read about the penalties for a first and second DWI in Minnesota.)
Minnesota defines DWI as driving, operating, or being in physical control of a motor vehicle while:
Upon a lawful arrest for DWI, Minnesota law also makes it a crime to refuse to take a breath alcohol test. This offense is referred to as an implied consent or test refusal crime.
(Minn. Stat. Ann. § § 169A.20, 169A.51 (2016); Johnson v. Comm'r of Pub. Safety, 887 N.W.2d 281 (2016).)
“Administrative penalties”—which are administered by the Minnesota Department of Public Safety—are meant to provide a swift consequence. These penalties can be imposed upon or soon after a DWI arrest and may apply even if the offender is never criminally convicted of a DWI.
For a third DWI in ten years, administrative penalties include:
License cancelation. When an offender’s driver’s license is canceled (versus revoked for first and second offenses), the offender must participate in the ignition interlock program. Participation in the program is required not only to drive during the cancelation period, but also to reinstate driving privileges once the cancelation period is done.
Plate impoundment. Plate impoundment refers to the removal and surrender of a vehicle’s license plates. The plate impoundment order applies to all vehicles registered in the offender’s name, whether alone or jointly. To drive those vehicle(s) again, the offender must apply for special registration plates—more commonly known as “whiskey plates.”
Forfeiture. At the time of arrest for a third DWI, the police officer may seize the offender’s vehicle. Generally, a prosecutor has 60 days to send the offender notice of intent to forfeit the vehicle. If the offender doesn’t challenge or succeed in challenging the forfeiture, the arresting agency may keep the vehicle for its own use or sell the vehicle and keep the proceeds.
(Minn. Stat. Ann. § § 169A.52, 169A.54, 169A.60, 169A.63 (2016).)
“Criminal penalties” are imposed by a criminal court following a DWI conviction. A third DWI in ten years is a gross misdemeanor. The maximum penalties are one year in jail and a $3,000 fine. At a minimum, the judge must impose a 90-day sentence. The judge specifies whether this sentence is to be served in jail, under intensive supervision, or a combination of the two. The offender must also submit to a chemical dependency assessment and complete any recommended treatment.
Upon arrest for a third DWI, the offender must stay in jail until the first court appearance. Unless maximum bail is imposed ($12,000), the offender may be released from jail only upon agreeing to abstain from alcohol and submit to electronic alcohol monitoring.
(Minn. Stat. Ann. § § 169A.25, 169A.275, 169A.284, 169A.40, 169A.44, 169A.70 (2016).)
The costs of criminal and administrative penalties are considerable, and include:
To regain driving privileges, the offender must pay:
(Minn. Stat. Ann. § § 169A.25, 169A.26, 169A.284, 169A.44, 169A.60, 171.29, 171.306, 357.021 (2016).)
HOW MUCH TIME WOULD YOU ACTUALLY SPEND IN JAIL?
Sentencing law is complex. For example, a statute might list a “minimum” jail sentence that’s longer than the actual amount of time (if any) a defendant will have to spend behind bars. All kinds of factors can affect actual punishment, including credits for good in-custody behavior and jail-alternative work programs.
If you face criminal charges, consult an experienced criminal defense lawyer. An attorney with command of the rules in your jurisdiction will be able to explain the law as it applies to your situation.
Minnesota DWI law is complex, and facts of every case are different. If you’ve been arrested for driving under the influence, talk to an experienced DWI attorney in your area. A qualified DWI lawyer can tell you how the law applies to the facts of your case and help you decide on the best course of action.