Drunk Driving

Minnesota DWI Lawyers & DUI Defense Attorneys

Drunk driving involves the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. DWI laws also apply to recreational vehicles, such as an ATV, boat or snowmobile, and piloting an airplane. Minnesota DWI statutes contain four major categories of drunk driving crimes:

  • First Degree Felony DWI

  • Second Degree Gross Misdemeanor DWI

  • Third Degree Misdemeanor DWI

  • Fourth Degree Misdemeanor DWI

Call us today at 763.323.6555 or contact us by e-mail to schedule a free consultation. Protect your rights if you've been charged with a DWI.

Aggravating Factors

The severity of a DWI in Minnesota depends upon whether one or more aggravating factors are present at the time of the offense. These include:

(1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;

(2) having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense; or

(3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

First Degree DWI

A drunk driver is guilty of first-degree DWI if they commit a DWI violation within ten years of the first three or more drunk driving incidents, or have been previously convicted of felony DWI in Minnesota.

Second Degree DWI

A drunk driver is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed.

Third Degree DWI

A drunk driver is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed.

Fourth Degree DWI

It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water in Minnesota:

(1) when the person is under the influence of alcohol;

(2) when the person is under the influence of a controlled substance;

(3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle;

(4) when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;

(5) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or

(6) when the person's body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. It is also a crime to refuse to submit to a breath test.

Minneapolis DWI Attorneys & DUI Defense Lawyers

If you've been charged with a DWI in Minnesota, you should seek the assistance of counsel. The earlier you involve a reputable lawyer, the better we can collect evidence, interview witnesses and to address other important issues in your case. Call our office now for a free consultation with one of our experienced Minnesota DUI & DWI defense attorneys: 763.323.6555.

Client Testimonial: "I retained Jason for a gross misdemeanor DWI case. I lived out of state, and he couldn't have made things easier for me. He offered to meet up with me when he was in my state for work to discuss the case, and always returned all of my calls and e-mails the same day. He was very reliable and professional. I was so happy with the way he handled my case. Not only did the best possible outcome occur, Jason treated me like he had known me for years and that he would do anything to make sure he could help me in any possible way. If I ever had to recommend an attorney to anyone, I would say Jason Brown would be the most qualified and results driven attorney you could find." - Katey H., Omaha, Nebraska

Serving Clients Statewide

Our Minnesota DWI defense lawyers represent clients throughout Minnesota, including the Twin Cities of Minneapolis and St. Paul, Duluth, Rochester, Mankato, St. Cloud, Moorhead, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville and Woodbury.

Contact the Brown Law Offices, P.A. by e-mail or call 763.323.6555 to schedule a free consultation with an experienced Minneapolis, Minnesota,DWI lawyer.

Former Prosecutor • Former Criminal Investigator • Former Judicial Law Clerk

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