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DUI Penalties in Minnesota

For a fourth degree DWI, a misdemeanor (no aggravating factors), the penalty is a $1,00 fine and/or 90 days in jail.  The penalty for a third degree DWI, gross misdemeanor (one aggravating factor), is a $3,000 fine and/or one year in jail.  The penalty for second-degree DWI, gross misdemeanor (two aggravating factors) is a $3,000 fine and/or one year in jail.  The penalty for a first degree DWI, felony (three aggravating factors and fourth offense only), a $14,000 fine and/or seven years incarceration.

The criminal sentence enhancements are the number of aggravating factors present when the violation occurred, such as a qualified prior driving incident, a BAC of 0.20% or more upon arrest (measured within two hours) or the presence of a child under the age of 16 in the vehicle, if they are more than 36 months younger than the driver, or a probation violation for a prior DUI/DWI conviction.

In Minnesota, the enhanced penalty blood-alcohol concentration is 0.20% or above.   If the BAC is higher than 0.20%, the officer will confiscate the driver’s license and vehicle.  The high BAC is considered an aggravating factor that is taken into consideration with other aggravating factors when determining the penalty.  As discussed before, for an individual’s first DUI violation with a BAC of 0.20% or above, the lowest criminal penalty is a gross misdemeanor, since having a higher blood-alcohol concentration is considered an aggravating factor.


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