What Is A First Degree Dwi?

Tue, 29 May 2007 21:19:00 GMT

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.

Are There Any Regulations Unique To Minnesota?

Tue, 29 May 2007 21:19:00 GMT

Minnesota permits residents of other states that allow studded tires to operate in Minnesota under time restrictions and stud length restrictions.

How Are Speed Limits Enforced?

Tue, 29 May 2007 21:19:00 GMT

Enforced through use of: Pacing Yes
Radar Yes
Vascar Yes
Photo Radar No
Aircraft Yes
Laser Yes

How Can I Reinstat E My Driving Privileges?

Tue, 29 May 2007 21:19:00 GMT

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 you may have received in the criminal case. To reinstate your driving privileges you must:

Written Test. You must pass a written test that has specific DWI related questions. The Minnesota DWI test is based on Chapter 4 of the Minnesota Driver's Manual. You should obtain a copy of this manual for review before taking the test.
Reinstatement Fee. There is a reinstatement fee of $290.00
Application. You must also fill out an application to reinstate your license and pay another $18.50 as a reapplication fee.

In addition to the requirements above, persons with multiple DWI offenses may be required to comply with additional conditions including attendance at a DWI seminar, providing documentation of AA attendance, completing treatment and after care programs, and remaining abstinent from alcohol for more than a year.

How Can Tickets Be Paid?

Tue, 29 May 2007 21:19:00 GMT

Tickets can be paid by mail or in person.

Is Trial By Declaration Allowed?

Tue, 29 May 2007 21:19:00 GMT

What About Driver License Suspensions/Revocations?

Tue, 29 May 2007 21:19:00 GMT

As previously stated, a DWI may have civil penalties in addition to the criminal penalties. Civil penalties included license revocations. Minnesota Statutes empower the Commissioner of Public Safety to revoke the person's license or permit to drive, or nonresident operating privilege as follows:

For a period of 90 days for a first offense with a blood alcohol concentration less than .20;
For six months if the driver is under the age of 21 years;
For 180 days if the driver has had a qualified prior impaired driving incident within the previous ten years;
For 180 days for a first offense with a blood alcohol concentration .20 or greater
For 360 days if the driver has had a qualified prior impaired driving incident within the previous ten years and the blood alcohol concentration of the current offense is.20 or greater.

When a nonresident's privilege to operate a motor vehicle in this state has been revoked or denied, the commissioner reports the Minnesota license revocation to that driver's home state which usually results in the revocation of driving privileges in the home state as well.

What Are Some Other Regulations?

Tue, 29 May 2007 21:19:00 GMT

Open intoxicants are prohibited in the vehicle.
Unloaded firearms that are cased are permitted anywhere in the vehicle. Unloaded firearms that are uncased must be in the trunk.
Studded tires are prohibited.
Tire chains are required.
Minnesota has a seat belt law with secondary enforcement for all front seat occupants.
Minnesota has a mandatory child restraint law for passengers under 5 years of age, requiring the use of approved car safety seats.
Minnesota has a mandatory motorcycle helmet law for persons under 18 years of age and for drivers with instructional permits.
Registration is not required to be carried in the vehicle. Insurance card must be carried in the vehicle.

What Are The Dwi Laws In Minnesota?

Tue, 29 May 2007 21:19:00 GMT

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 result in stiffer penalties for the driver. Criminal penalties for a DWI include jail terms, vehicle plate impoundment and fines. Civil penalties include license suspensions, revocations and cancellations and vehicle forfeitures. Under the newly drafted statute, there are three degrees crime for intoxicated driving 1st degree, 2nd Degree and 3rd Degree.

What Are The Mandatory Sentences?

Tue, 29 May 2007 21:19:00 GMT

The new DWI statute also includes mandatory sentences for repeat offenders. 2nd DWI 30 days executed jail sentence with a minimum of 48 hour consecutive 3rd DWI 90 days executed jail sentence with a minimum of 30 days consecutive 4th DWI180 days executed jail sentence with a minimum of 30 days consecutive 5th DWI365 days executed jail sentence with a minimum of 60 days consecutive * If you are on probation for a related offense, sentencing is consecutive rather than concurrent.

What Are The Resident Insurance Requirements?

Tue, 29 May 2007 21:19:00 GMT

Compulsory insurance law. Minimum limits: $30,000/60,000/10,000 and $20,000 medical. Uninsured motorists insurance minimum limit of $25,000 per person and $50,000 per accident. Minnesota requires nofault insurance.

What Are The Speed Limits In Minnesota?

Tue, 29 May 2007 21:19:00 GMT

Unless Otherwise Posted Absolute Interstate 70 mph
Ltd Access Rds 65 mph
Other Primary Rds 55 mph
Residential 30 mph

What Happens After A Dwi Arrest In Minnesota?

Tue, 29 May 2007 21:19:00 GMT

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 officer or within the time set by the Department of Public Safety in a revocation letter. A hearing must be initially scheduled within 60 days. (In Hennepin County, if you had a valid license when stopped, you may qualify for a temporary license to drive until the hearing. You will be mailed a notice of the hearing about three weeks after your request. You can plan on at least 45 days of driving.) If you lose at the hearing, your license revocation will remain on your record. It is our opinion you should demand the officer's presence at the hearing. Crucial defenses can be developed at the hearing.
Arraignment: This is the date on your ticket, about 30 to 60 days after your arrest. If you have an attorney, you may not have to appear. It is primarily for advisement of rights. If you have an attorney, he will advise you outside of court.
Pretrial Conference: Your attorney will discuss your case with the Prosecutor and negotiate the best possible plea bargain. It will happen about 6 weeks after arraignment. This is usually after the Motor Vehicle Hearing. The date is set by the Court and your attorney on his calendar.
Suppression Hearing: The Court may suppress some or all of the evidence against you if your constitutional rights have been violated. I will file motions to suppress. It usually occurs anywhere 6 weeks to 3 months after the pretrial conference.
Trial: You are entitled to a trial to a jury of six. In some cases, it may be beneficial to have a trial in front of a judge in a court trial.
Sentencing: The Court imposes a sentence after a conviction at trial or after a plea bargain is accepted and a plea entered. Sentences may include jail time, in home detention, community work service, alcohol classes and fines.

What Is A Member Driver License Compact?

Tue, 29 May 2007 21:19:00 GMT

If you receive a ticket, warning, etc. in another state and your state is a member, you state will be notified about the ticket.

What Is A Member Nonresident Compact?

Tue, 29 May 2007 21:19:00 GMT

Nonresident motorist receiving a ticket in a member state will receive the same treatment as resident motorists. If your state or the state you receive a ticket in is not a member, you may have to pay a cash bond before you can continue your trip.

What Is A Second Degree Dwi ?

Mon, 04 Jun 2007 21:51:22 GMT

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 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 second degree offense is also 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. Again, 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.

What Is A Third Degree Dwi?

Tue, 29 May 2007 21:19:00 GMT

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.

What Is A Vehicle Forfeiture?

Tue, 29 May 2007 21:19:00 GMT

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 convictions; or
The new DWI violation is the 2nd offense in 10 years and the driver's blood alcohol concentration was greater than .20;
The new violation occurs with a Blood Alcohol concentration of .20 or more and there is child endangerment (child in the vehicle at the time of offense);
The new DWI violation is the 2nd offense and there is child endangerment (child in the vehicle at the time of offense);
The New DWI occurs and the driver's license has been cancelled as inimical to public safety.

This is called a forfeiture action. In a forfeiture the state may retain the vehicle so long as any security interests against the vehicle are satisfied. No payment is made to the owner. In order to forfeit a vehicle the State must be able to demonstrate that the drunk driver is the registered owner of the vehicle or that the owner of the vehicle knew or should have known that the driver intended to use the vehicle unlawfully (while intoxicated or without a valid driver's license).

When And Where Do I File Accident Reports?

Tue, 29 May 2007 21:19:00 GMT

Accidents involving death, personal injury, or total apparent property damage exceeding $1,000 must be reported immediately to the local authorities. Proof of insurance must be provided within 72 hours.

When Is A Jury Trial Allowed?

Tue, 29 May 2007 21:19:00 GMT

Speeding *Yes
Parking *Yes
Equipment *Yes
DWI Yes
*If misdemeanor