Minneapolis Aggravated DWI Lawyer

An aggravated driving while impaired (DWI) allegation depends on specific facts that increase the seriousness of the charged offense. Under state law, those aggravating factors include a sufficiently high alcohol concentration, a qualifying prior impaired driving incident, and certain circumstances involving a child in the vehicle. People also refer to these cases as driving under the influence (DUI) and use the terms DUI and DWI interchangeably.

The state must support an aggravating factor with evidence, not simply state it in the charging documents. A Minneapolis aggravated DWI lawyer from our firm could examine how the prosecution is trying to establish the alleged factor and whether the underlying records support it. Our experienced DWI defense attorneys treat each factor as something the state has to prove.

How Does the State Establish High Alcohol Concentration?

Under Minnesota Statutes § 169A.03, an alcohol concentration of 0.16 or more is an aggravating factor. When the prosecution relies on this provision, the number must be accurate, and its reliability depends on records and procedure. When the case involves breath testing, our attorneys, who are experienced in handling aggravated DWI cases in Minneapolis, could examine matters such as:

The maintenance history of the testing instrument
Calibration and accuracy-check records
Whether the operator held the required certification for the instrument
Whether the operator followed the required testing procedure
Records documenting how the operator administered the particular test

These details matter because this factor depends on the reported concentration meeting the statutory threshold. When the state relies on a blood alcohol reading of 0.16 or higher, the records behind that reading show whether it reliably supports the aggravating factor.

Proving a Qualifying Prior Impaired Driving Incident

A qualifying prior impaired driving incident during a state-recognized period can also count as an aggravating factor, and proving it is largely a records question. Our Minneapolis lawyers managing your aggravated DWI charge could review the state’s documentation to determine whether it accurately identifies the prior incident and directly links it to you.

Relevant questions include whether the record identifies the correct individual, whether the record accurately reflects the disposition, and whether the documentation establishes the type of prior incident the prosecution claims. Records from an earlier matter are sometimes incomplete or inconsistent, so the existence of a qualifying prior is worth examining rather than treating as a settled fact.

Establishing the Child-in-the-Vehicle Factor

State law also considers driving while impaired with a passenger under 16 to be an aggravating factor so long as that child is more than three years younger than the driver. Unlike a test result or a prior record, this factor depends on the specific factual circumstances inside the vehicle.

The prosecution may need evidence establishing who was actually present and the ages of those involved. While investigating an aggravated DWI case, our lawyers could review Minneapolis police reports, identification information, and any available video concerning the vehicle’s occupants. The age requirements are specific: the evidence must support both the child’s age and the required age difference, so merely establishing that a younger person was present in the vehicle is not enough.

Call Our Minneapolis Lawyers for Aggravated DWI Cases

Each aggravating factor rests on a different kind of proof. One depends on instrument records, another on the quality of an official record from an earlier matter, and the last on the driver and occupants’ actual ages.

A Minneapolis aggravated DWI lawyer at BK Law Group could review your case to determine which of these factors the state has alleged and what it is relying on to establish it. Contact us to discuss the charging documents and your next steps.