Second & Third Offense DWI Lawyer in Minnesota

Minnesota DWI law classifies repeat impaired-driving offenses based on aggravating factors and prior incidents. Second-degree DWI is defined under Minn. Stat. §169A.25, while third-degree DWI is defined under Minn. Stat. §169A.26. Many people refer to these charges as Minnesota 2nd degree DWI or third-degree DWI offenses, and both are typically classified as gross misdemeanors.

Minnesota’s impaired-driving offense is defined under Minn. Stat. §169A.20, which prohibits driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, controlled substances, or with a prohibited alcohol concentration.

A person may be charged with DWI in Minnesota if they operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. Drivers may also face charges if impaired by drugs or a combination of alcohol and controlled substances.

Minnesota law identifies several aggravating factors under Minn. Stat. §169A.03, including:

• Alcohol concentration of 0.16 or higher
• A child under age 16 in the vehicle under qualifying circumstances
• A prior impaired-driving incident within the statutory timeframe

These factors may increase the severity of a DWI charge.

Minnesota uses an administrative license revocation process under its implied consent laws. After a failed or refused chemical with substance, the Minnesota Department of Public Safety may revoke driving privileges. Drivers may seek judicial review of the revocation under Minn. Stat. §169A.53.

Defense strategies may involve reviewing whether law enforcement followed required procedures during the traffic stop, field sobriety tests, and chemical with substance. Courts evaluate these issues based on the evidence presented in each case.

A DWI conviction generally remains part of a person’s criminal record unless expunged. Expungement may be available in some circumstances under Minnesota law after meeting statutory waiting periods and other legal requirements.