Being charged with a DUI (or DWI) in Minnesota is always serious, but facing a second DUI charge within a ten-year period can have strong consequences.
Minnesota law imposes stricter penalties for repeat offenders to discourage impaired driving and protect public safety. Are you or a loved one dealing with a second DUI charge? You are not alone, get the best outcome possible.
The time is critical to understand the penalties you may face and how an experienced Minnesota DUI lawyer can help. At Martine Law, our team of expert attorneys is dedicated to defending your rights and working to achieve the best results in your case.
Minnesota DUI Laws: Understanding Repeat Offenses
Under Minnesota law, DUI charges are considered enhanceable offenses. This means that prior DUI convictions within the past ten years increase the severity of penalties for any new offense. A second DUI conviction carries mandatory consequences that can significantly affect your freedom, finances, and driving privileges.
Criminal Penalties for a Second DUI in Minnesota
A second DUI is typically charged as a gross misdemeanor, which is more serious than a standard misdemeanor. Possible criminal penalties include:
- Jail Time: Up to one year in jail, with a mandatory minimum of 30 days (at least 48 hours must be served in custody).
- Fines: Up to $3,000 in fines, plus court costs and surcharges.
- Probation: Court-ordered probation may include alcohol treatment, monitoring, or participation in a DWI court program.
Driver’s License Consequences
Losing your license is one of the most immediate consequences of a second DUI in Minnesota. You may face:
- License Revocation: A second DUI typically results in a one-year revocation of your driver’s license.
- Ignition Interlock Program: To regain driving privileges sooner, you may be required to participate in the ignition interlock device program, which requires you to pass a breath test before starting your vehicle.
- License Plate Impoundment: The state may seize and impound your license plates, requiring special “whiskey plates” on your vehicle.
Vehicle Sanctions
Depending on the circumstances, the court may also impose:
- Vehicle Forfeiture: If your blood alcohol concentration (BAC) was 0.16% or higher, or if there were aggravating factors such as a child in the car, the state may seize your vehicle.
Aggravating Factors That Can Increase Penalties
Minnesota law considers certain factors that can make penalties for a second DUI even harsher, including:
- BAC of 0.16% or higher
- Having a passenger under the age of 16 in the vehicle
- Refusing to take a chemical test
These factors can lead to longer jail sentences, extended license revocations, and increased fines.
Why You Need an Experienced DUI Lawyer
A second DUI conviction can disrupt your life for years. The penalties go beyond jail time and fines, affecting your ability to drive, work, and maintain your reputation. That is why it is essential to have an experienced Minnesota DUI lawyer fighting for you.
At Martine Law, our team of expert attorneys can:
- Challenge the validity of the traffic stop or arrest
- Question the accuracy of chemical test results
- Negotiate for reduced charges or alternative sentencing
- Help you regain driving privileges as quickly as possible
Key Takeaways
- A second DUI in Minnesota is a gross misdemeanor with harsher penalties.
- You may face up to one year in jail, fines up to $3,000, and license revocation.
- Aggravating factors like high BAC or a child passenger increase penalties.
- Vehicle forfeiture and license plate impoundment are possible consequences.
- Skilled legal representation can make a significant difference in your case.
Let our team of expert Minnesota DUI lawyers at Martine Law help you protect your rights, your freedom, and your future. Call today for a free consultation.