What Is A First Degree Dwi?

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What Is A First Degree Dwi?

A first degree DWI is charged if there are two or more aggravating factors. Aggravating factors may include:

A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions);
Blood Alcohol Content is more than two times the legal limit (.20);
Child Endangerment exists (child in the vehicle at the time of offense);

A first degree offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver. Moreover, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if:

The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
The new DWI violation is the 2nd offense and the defendant is under 19 years of age;
The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct;
The New DWI occurs and the driver's license has been cancelled as inimical to public safety.

Other Minnesota Drunk Driving Defense FAQs

Q: What Are The Dwi Laws In Minnesota?
A: Minnesota's statutes regarding DWI offenses were redrafted and went into effect January 1, 2001. The new code includes aggravating factors that, if found to exist, may … More
Q: What Is A Second Degree Dwi ?
A: A second degree DWI is charged if there is one aggravating factor. Aggravating factors may include: A prior impaired driving incident within a 10 year period (this … More
Q: What Is A Third Degree Dwi?
A: A third degree DWI is charged if there are no aggravating factors. A third degree offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
Q: What Are The Mandatory Sentences?
A: The new DWI statute also includes mandatory sentences for repeat offenders. 2nd DWI 30 days executed jail … More
Q: What Is A Vehicle Forfeiture?
A: The State may seek to retain the vehicle of a driver convicted of a DWI if: The new DWI violation occurs within 10 years of 2 or more prior impaired driving … More
Q: What About Driver License Suspensions/Revocations?
A: As previously stated, a DWI may have civil penalties in addition to the criminal penalties. Civil penalties included license revocations. Minnesota Statutes empower … More
Q: How Can I Reinstat E My Driving Privileges?
A: To reinstate your driving privileges, you will have to jump through a number of administrative hoops. You will be required to pay additional fees on top of any fines … More
Q: What Happens After A Dwi Arrest In Minnesota?
A: Motor Vehicle Hearing: To preserve your right to drive in Minnesota, you must request a hearing within 30 days after your license has been taken from you by an … More
Q: What Are The Speed Limits In Minnesota?
A: Unless Otherwise Posted Absolute Interstate 70 mph Ltd Access Rds 65 mph Other Primary Rds 55 mph Residential 30 mph More
Q: How Are Speed Limits Enforced?
A: Enforced through use of: Pacing Yes Radar Yes Vascar Yes Photo Radar No Aircraft Yes Laser Yes More