Repeat DWI Lawyer in Minnesota

A second or third offense DWI generally means you have one or more prior qualified impaired driving incidents within Minnesota’s statutory lookback period. Repeat offenses carry harsher penalties and may be charged as Third-Degree or Second-Degree DWI, depending on the aggravating factors.

No. A second-offense DWI is not automatically charged as Second-Degree DWI. The state classifies DWI offenses according to aggravating factors. Many second-offense cases are charged as Third-Degree DWI, while many third-offense cases are charged as Second-Degree DWI. The exact charge depends on the facts of the case.

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.