Felony DWI in Minnesota
A felony is the most severe type of crime and is punishable by a minimum of one year in prison. A first-degree DWI (Driving While Intoxicated) is considered a felony in Minnesota, a state known for its tough DWI laws. A first-degree felony DWI is punishable by no less than 3 years in prison and can be as many as 7 years. There is a mandatory minimum of three years in prison and that means that if you are found guilty of a felony DWI the judge cannot sentence you to less than that. In order to meet the criteria for an early release a person would have to successfully complete an alcohol dependency treatment program and would be subject to a conditional release for 5 years. Failure to meet the conditions would mean going back to jail to complete the original sentence.
Once released from prison the DWI offender has many issues left to deal with. Since the crime was a felony it becomes a part of their permanent criminal record. This will have a negative impact on future employment. There are many jobs a felon is just not allowed to have, for instance anything involving children. There is a possibility that they will not ever get a driver’s license again. They will most likely be placed on probation and will not be able to drink, do drugs or have any type of weapon. If they break probation they can go back to jail. They will also likely have to complete an alcohol dependency program and remain gainfully employed.
The factors that can result in a felony DWI include having any other DWI related incidents within the past 10 years (this includes cases where the criminal case was won, but not the civil case), having a BAC of over .20 and having a child or children in the vehicle while driving under the influence. Having more than three DWI offenses qualifies you for a felony DWI. Another way to qualify is to have a combination of 3 aggravating factors such as two previous DWI’s, a BAC of .20 and a baby in the back seat.
It is vital that you call a good DWI lawyer in Minnesota if you are pulled over for a second (or subsequent) DWI charge. The penalties are so severe and the room for error is so small that any mistake in managing the case could have lasting repercussions in the life of the accused driver.
A felony DWI in Minnesota is most likely to occur in the life of a person with a severe dependency problem. If you have an addiction to alcohol you should seek help immediately and you should never, ever drive after drinking. Arrange a ride or to stay with a friend if you have been drinking. Even driving just a few blocks home could be the end of life as you know it so don’t take the risk. Not only could your life be permanently damaged, but you also run the risk of ruining other people’s lives every time you drink and drive.
