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DWI Mandatory Penalties

Minnesota Mandatory Penalties and Sentences for DWI

Mandatory minimum penalties and sentences for DWI differ according to the charge. A first time or fourth degree DUI carries the same penalty as a misdemeanor with maximum $1,000 fine and/or up to 90 days in jail. Successful completion of a chemical assessment program is generally required as well.

Second and third degree DUIs are considered gross misdemeanors. They carry maximum penalties of a $3,000 fine and/or up to one year in jail. A first degree felony DUI carries the maximum penalty of a $14,000 fine and/or up to seven years in prison. A Minnesota criminal defense lawyer can argue for sentence reductions like staggered sentencing, sentence-to-service work, community service and electronic home monitoring.

There are also mandatory minimum sentences for people with at least one prior DUI conviction. If charged with a second DUI within 10 years of the first, mandatory incarceration will be a minimum of 30 days. A third DUI within 10 years carries a minimum incarceration of 90 days. A fifth DUI within 10 years imposes a mandatory minimum sentence of one year. Long-term monitoring is also mandatory with third-time DUI offenses and for anyone under 19 who is charged with a DUI.

The actual sentence imposed will depend on the number of aggravating factors, the DUI charge level, and how well the defense lawyer can negotiate on the subject's behalf. A Minnesota criminal defense lawyer can argue the case to reduce and/or modify the sentence.

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