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Being found guilty of driving under the influence is a serious matter. Facing a third potential conviction in less than a decade is even more significant because of the increased minimum jail sentences.
If you are facing a third-time DUI in Minneapolis, you could benefit from legal help. A dedicated DUI attorney from our firm could discuss your legal options and work with you to develop the best strategy for your case.
One of the most important factors to consider is that not all prior convictions are treated equally. Minnesota has a 10-year “look-back” period, which means that in Minneapolis DUI cases, the state only considers misdemeanor convictions that occurred over the previous decade. Guilty verdicts that are older than that cannot be used by the prosecutor to automatically enhance a penalty.
Anyone facing these charges is likely focused on the risk of incarceration. A third DUI in Minneapolis is typically treated as a gross misdemeanor, which is only one step below a felony.
Similar to a second offense DUI, the maximum sentence for a third is one year behind bars. The difference is that a judge must impose at least a 90-day term to either be served in county jail or as part of intensive supervision. Alternatively, the court can require a combination of the two. There is also a maximum fine of $3,000.
Outside of the possibility of jail time and fines, there are also administration issues to consider. Instead of just suspension, the accused will face possible cancellation of their driver’s license as “inimical to public safety.” This makes it more difficult to recover those rights in the future compared to a standard suspension.
If someone gets their license back, they will be required to install an ignition interlock device, which cannot be removed without three years of undetected use of alcohol. Because of the severity of repeat offenses, the state also has the power to seize driver’s license plates. The prosecution can even confiscate the vehicle, declare it forfeited, and auction it off.
In Minneapolis, not all of the costs of a third DUI result from a statute or administrative action. For example, the damage to a person’s reputation can be significant if they are found guilty of their third drunk driving charge within a decade. A criminal record can also negatively impact finding appropriate housing.
Employment problems are also common, given that a company may terminate an employee based on their criminal record. If the accused relies on a professional license, they could face disciplinary proceedings that result in it being terminated or suspended.
Other court proceedings might also be impacted. For instance, these convictions could be harmful during the immigration process. They could also have a negative effect on a person’s child custody case. This is especially true if a juvenile was in the car at the time of the arrest.
If you have been arrested for a third-time DUI in Minneapolis, you are entitled to defend yourself. The good news is that you do not have to fight back on your own. Reach out to a seasoned DUI attorney from our firm today and schedule a consultation to discuss your case.