MANDATORY MINIMUMS
DWI Sentencing; Penalities You Face if Convicted
Mandatory Minimums for DWI offenses:
In 2005, the Minnesota Legislature added the felony level DWI offense. At that same time, they also added in mandatory jail penalties for 2nd, 3rd and 4th offenses within 10 years of the first offense. For purposes of the penalties, a prior offense includes a conviction for a DWI offense or an alcohol related drivers license revocation. This illustrates the importance of fighting the Implied Consent (Driver’s License) side of your case when you have a good, potentially winnable legal issue.
Mandatory Minimum Jail sentences for DWI convictions
| 1st offense in 10 years/Misdemeanor Level Offense: | No Mandatory jail |
|---|---|
| 2nd offense in 10 years/Gross Misdemeanor Level Offense | 30 days in jail / of which 48 hours must be spent in custody/the balance can sometimes be served on electronic home monitoring |
| 3rd offense in 10 years/Gross Misdemeanor Level Offense | 90 days in jail / of which at least 30 days must actually be spent in custody/the balance can sometimes be served on electronic home monitoring |
| 4th offense in 10 years/Felony Level Offense | 180 days in jail / sometimes a portion of this sentence may be served on Electronic Home monitoring. However, often there the driver charged with a Felony DWI is still on probation for a prior offense. So, additional time may need to be served on that offense, also. |
Ignition Interlock
As of July 1, 2011, a person with a DWI offense or multiple DWI offenses can now obtain a full drivers license, in many cases, after signing the:
- Ignition Interlock Agreement,
- Completing the Insurance Certificate Form evidencing proof of insurance
- Paying the reinstatement fee of $680 plus the new license card fee,
- Passing the DWI test upon entering into the Ignition Interlock Program and having the device installed in thevehicle. The Ignition Interlock equipment requires that the driver blow into the device prior to driving and that he or she have no measurable alcohol in his or her system at or above the .02 level, which is a miniscule amount of alcohol.
The machine retests the driver every 20-30 minutes while they are driving. The device will not shut off the car if it detects alcohol. However, if the device believes that a driver has been drinking, it will not allow the car to restart the next time the driver stops the vehicle and turns off the ignition. The driver then has to wait at least 15 minutes to: blow into the machine again, give a clean, alcohol free reading to start up the vehicle.
Number of Offenses
| Number of Offenses | Length of Revocation | Heading aNumber of Days/No Limited License Eligibility2 |
|---|---|---|
| First offense - at or over .08 but less than .16 | 90 | 15/no change from prior law |
| First offense - at or over .16 | 1 year | 0 days with Interlock |
| First offense - Test Refusal | 1 year | 0 days with Interlock |
| Second Offense - at or over .08, but less than .16 | 1 year | 0 days with Interlock |
| Second Offense - at or over .16 | 2 years | 0 days with Interlock |
| Third Offense within 10 years - DL Cancellation*** | 3 years | Limited DL for 1 year / Interlock throughout |
| Fourth Offense within 10 years - DL Cancellation | 4 years | Limited DL for 1 year / Interlock throughout |
| Fifth Offense within 10 years - DL Cancellation | 5 years | Limited DL for 1 year / Interlock throughout |