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Getting charged for a drunken driving-related offense is a serious matter. Having a prior conviction in recent years can lead to steep penalties that impact you for the rest of your life.
If you are facing a second-offense DUI in Minneapolis, there is no time to delay. Developing a defense strategy is crucial, as it can determine your chances of obtaining a favorable outcome. A skilled DUI attorney could help guide you through the legal process and fight to get you a result in your favor.
Understanding how the law treats prior convictions is vital to understanding a second-offense DUI charge in Minneapolis. Not every previous DUI will automatically affect a recent charge. Minnesota has what is known as a 10-year “look-back” period, meaning past misdemeanors will only be taken into account if they occurred in the 10 years prior to the most recent arrest.
Consider the following example: a person is convicted of a DUI in 1990, and then is arrested for another offense in 2024. Since the first conviction occurred outside of the look-back period, the law treats the 2024 arrest as a first offense.
The evidence used by the state in these cases is the same as any other DUI. They rely on the results of blood, breath, or urine tests to establish whether a person is impaired. They might also use video of the accused taking a field sobriety test or even highlight an admission of drinking.
When a person is convicted of their second DUI in Minneapolis, they can face a number of negative outcomes. In addition to the criminal penalties, they could face collateral consequences as well.
When a person is arrested for a second DUI, it is treated as a gross misdemeanor under the law. The maximum penalty is one year in jail and a fine of $3,000.
Judges have an obligation to impose a 30-day minimum sentence in these cases. That said, the court has the ability to require this sentence to be served in jail, through community service, or a combination of the two.
There are also issues that arise that are unrelated to the criminal process. For example, collateral consequences can include damage to a person’s reputation based on their criminal record.
Another major example is the impact it can have on an individual’s employability. Many people lose their jobs after a second DUI conviction, and some are forced to give up their professional licenses. There are also issues that can come up in other types of proceedings, including those involving immigration status or child custody.
If you have been charged with a second-offense DUI in Minneapolis, it is important that you act fast. Every day you wait is another day the state has to build a case against you.
Hiring an attorney who understands this process can have a dramatic impact on the outcome of your case. The knowledgeable lawyers at our firm could ensure you avoid legal errors that can increase your odds of being found guilty. Call today to schedule a private consultation.