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If you are charged with driving while intoxicated (DWI), you are likely aware that there are consequences for such actions. However, just because an officer pulls you over and asks you to walk a straight line or exhale into a portable machine does not mean you are guilty or that the charges cannot be reduced or dismissed.
Minnesota law describes four classes of DWI, which is the act of operating or being in control of a motor vehicle while impaired by alcohol or drugs. If testing for alcohol reveals a BAC of 0.08 percent, you will be charged with a per se DWI, which means the percentage of alcohol confirms your guilt.
Any amount of a Schedule 1 or II drug, such as fentanyl or heroin (but not marijuana), is also a per se DWI. The Bloomington DWI penalties are harsh, and it is in your best interests to consult a skilled lawyer. Call BK Law Group today to speak with an experienced DWI defense attorney.
DWI penalties can be administrative and criminal. The Minnesota Department of Public Safety oversees administrative penalties, which can happen as soon as an officer confiscates a driver’s license in the field after a stop. This can lead to revocation or cancellation.
Other administrative penalties include forfeiting a vehicle and vehicle plate impoundment for all vehicles registered in the defendant’s name, even if the vehicle is owned jointly or is used for work, such as a van or 18-wheeler. After surrendering license plates, offenders must apply for special plates, known as whiskey plates.
Administrative DWI penalties severely impact a person’s ability to make a living. A Bloomington defense attorney understands the penalties of a DWI and could help reduce the impact on a client’s life.
Minnesota recognizes four classes of DWI: three misdemeanors and a felony. If aggravating factors are present, misdemeanor penalties are increased. These factors include previous DWI convictions within the past 10 years, the presence of a minor as a passenger, and registering a BAC of 0.16 percent or higher.
The more aggravating circumstances, the worse the penalties. The breakdown for DWI charges and their penalties include the following:
The consequences of DWI convictions in Bloomington are severe. However, there are avenues our criminal defense attorneys could take to restore driving privileges for some clients, including applying for a limited license to drive to school or work or installing an interlock system that monitors BAC before the vehicle can be started.
Drivers younger than 21 are charged under the “Not-a-Drop” law in Minnesota, which makes DWI a misdemeanor if the young person has any alcohol in their system. The penalty is up to 90 days in jail with a maximum $1,000 fine, but if the minor is younger than 18, the DWI is prosecuted in juvenile court, where penalties can vary.
The minor will also face a 30-day driver’s license suspension for a first offense and 180 days for a second offense. If the minor does not possess a driver’s license, they will be restricted from getting one in the future. DWI penalties in Bloomington can be devastating, and a defense lawyer could help ease the burden.
So many factors affect the consequences of a DWI stop. The best move you can make is to talk to a lawyer with experience handling these types of cases. The list of penalties can include jail or prison time, fines, loss of your driver’s license or vehicle, and mandatory drug and alcohol counseling.
Some penalties are less obvious, like the embarrassment you and your family will endure and how friends and employers might treat you if you are convicted of drinking and driving. Call a defense attorney now to review the Bloomington DWI penalties you may face.