Bloomington Aggravated DWI Lawyer

Although Minnesota does not have a specific charge for aggravated impaired driving, prosecutors use aggravating factors, or their absence, to determine the penalties you will face if convicted.

The lowest level charge is a fourth-degree DWI, a misdemeanor that can put you in jail for up to 90 days. This charge is reserved for those whose blood alcohol concentration (BAC) is close to the legal limit of 0.08 percent with no aggravating events.

However, if the BAC falls below that number, you can still be arrested if you fail field sobriety tests. Because the laws are complicated and precise, a Bloomington aggravated DWI lawyer should spearhead your legal defense. Call BK Law Group today to speak with a seasoned DWI defense attorney.

Aggravating Factors in DWI Charges

Drivers detained on suspicion of DWI will increase their charges and penalties if they have at least one aggravating factor. Prior convictions are aggravating factors only if they occur within 10 years of the current arrest and charge. Each prior conviction counts as one aggravating factor; it does not have to have been a Minnesota case.

The law deems drivers impaired if a chemical or blood test reveals a BAC of 0.08 percent, but impairment causing a BAC of .16 or greater, twice the legal limit, is an aggravating factor. In addition, transporting a child passenger younger than 16 is an aggravating factor if the driver is intoxicated and at least 36 months older than the child.

A final action that increases DWI penalties is when a driver refuses a stationary chemical or blood test at police headquarters. Drivers, by law, can refuse portable tests and field sobriety tests, but saying no at the station, which is not a typical aggravating factor, results in additional charges. A Bloomington aggravated DWI attorney is committed to getting clients positive results after they are accused of operating a motor vehicle under the influence of drugs or alcohol.

How Aggravating Events Influence DWI Charges

While a fourth-degree misdemeanor is charged when no aggravating factors are involved, one aggravating factor levels the charge to a third-degree gross misdemeanor. A conviction leads to jail time of up to one year.

Law enforcement charges a second-degree DWI and gross misdemeanor when two aggravating circumstances are involved. However, aggravating factors only apply to misdemeanors.

The number of previous convictions within a 10-year window determines a DWI felony. Several prior misdemeanors or one felony conviction in the past will turn a current misdemeanor DWI into a felony. Call a dedicated criminal defense lawyer to discuss your charges today.

Fighting DWI Charges With Aggravating Factors

An experienced defense attorney’s goal is to avoid a client’s conviction by dismissing a case or arguing that a jury cannot convict the defendant as guilty beyond a reasonable doubt.

Obliterating aggravating factors could also reduce the charges. For example, a DWI conviction in another state may not have met the criteria in Minnesota, or a 15-year-old sophomore may be a passenger in her 17-year-old boyfriend’s car. Even though the driver has been drinking, the minor passenger is not an aggravating factor because the age difference is less than 36 months.

Field tests with portable breathalyzers are notoriously unreliable and challenging. If a client takes prescription medication, the test would register a false positive, another possible defense. Contacting an aggravated DWI lawyer in Bloomington is essential to ensure all possible defenses are considered.

Call a Bloomington Aggravated DWI Attorney With BK Law Group Today

If you are stopped because a law enforcement officer suspects you are driving under the influence of drugs or alcohol, you will be subjected to tests a prosecutor will use as evidence. Other events like past convictions will also affect the severity of the punishment.

Our job is to lessen the impact of negative evidence by focusing on mitigating factors and tearing down aggravating ones. DWI charges come with jail or prison time, fines, community service, counseling, and, in severe cases, installing an interlock system. To fight the charges against you, contact a Bloomington aggravated DWI lawyer now.