Copyright ©2025 BK Law Group, LLC. All rights reserved.
A first-time DUI (driving under the influence) offense in Minnesota is classified as a misdemeanor—a criminal offense, but one of the less severe categories in terms of potential sanctions upon conviction.
As any knowledgeable DUI defense attorney could tell you, there are various “aggravating factors” that can substantially elevate the severity of a DUI offense.
If your DUI charge involves any of the factors below, you should make it a priority to seek help from a St. Louis Park aggravated DUI lawyer with experience handling this unique type of case.
Standard DUI in Minnesota is defined as operating a motor vehicle with a tested blood alcohol concentration (BAC) of 0.08 percent or greater. This is considered a misdemeanor, punishable by up to 90 days in jail, $1,000 in fines, and a 90-day license suspension or ignition interlock device (IID) installation period, which can be reduced to 30 days with a guilty plea in court.
However, someone who drives with a BAC of 0.16 percent or more will be prosecuted for a gross misdemeanor offense, carrying maximum criminal sanctions of one year in jail and $3,000 in fines. They will also be subject to a license suspension or IID installation period of one year plus impoundment of their license plates.
Committing a standard DUI while a child under the age of 16 is in the vehicle is treated as a gross misdemeanor offense. Administrative penalties upon conviction include license plate impoundment and a 90-day license suspension or IID installation period, which cannot be shortened with a guilty plea.
Additionally, driving with a BAC of over 0.16 percent and having a child in a car carries the same criminal and administrative sanctions as a high BAC offense, including forfeiture of personal vehicles.
As a St. Louis Park aggravated DUI attorney could explain, every licensed driver has, by being granted their license, given “implied consent” to blood, breath, and saliva testing to determine BAC if requested by police.
Anyone who refuses to submit to BAC testing during a traffic stop may be charged with another gross misdemeanor offense in addition to any DUI charge they face due to that traffic stop. They will also face a mandatory one-year license suspension or IID installation period.
Second—and third-time DUI offenses are still considered gross misdemeanors, but the administrative sanctions that can come with a conviction get much more severe with each subsequent offense.
A fourth DUI conviction within ten years is a felony offense carrying maximum criminal penalties of seven years in prison and $14,000 in fines upon conviction. During an initial consultation, an aggravated DUI lawyer in St. Louis Park could explain these convictions in more detail.
Any aggravating factor in your DUI case can substantially complicate your defense strategy and alter the prosecution’s case against you. What is consistent across virtually every case of this nature is the importance of having assistance from skilled legal counsel to achieve a favorable result.
A St. Louis Park aggravated DUI lawyer could explain your charges and offer preliminary guidance about the next steps during a private consultation. Call today to schedule yours.