Not every DWI charge in Minnesota carries the same level of criminal exposure. Depending on the circumstances, a DWI can be charged as a misdemeanor, gross misdemeanor, or felony. The difference affects the potential penalties, but it can also change the driver’s license and other consequences that follow.
Minnesota organizes DWI charges into four degrees. Fourth-degree DWI is a misdemeanor, third- and second-degree DWI are gross misdemeanors, and first-degree DWI is a felony. Understanding why a charge falls into one of those categories is the first step toward understanding what you are facing.
When Does a Minnesota DWI Become a Felony?
A DWI does not become a felony simply because several aggravating circumstances are present. Minnesota uses aggravating factors to distinguish primarily between fourth-, third-, and second-degree DWI. First-degree felony DWI has separate requirements based largely on a person’s prior impaired driving history.
A person can face first-degree DWI if the current offense occurs within 10 years of the first of three or more qualified prior impaired driving incidents. First-degree DWI can also apply when someone has certain qualifying prior felony convictions, including a previous first-degree DWI conviction.
This makes the details of someone’s prior record important. Minnesota law uses the term “qualified prior impaired driving incident,” which can include more than simply previous DWI convictions. The dates and nature of prior incidents need to be examined to determine whether they legally qualify.
How Do Aggravating Factors Affect the Degree?
Minnesota recognizes three aggravating factors for DWI purposes:
- A qualified prior impaired driving incident within the previous 10 years
- An alcohol concentration of 0.16 or higher at the time of the offense or within two hours of it
- Having a child under age 16 in the vehicle when the child is more than 36 months younger than the driver
A DWI without an aggravating factor is generally fourth degree. One aggravating factor can make the offense third degree, while two or more can result in second-degree DWI. Both third- and second-degree DWI are gross misdemeanors rather than felonies.
That distinction is important. Someone with a 0.16 alcohol concentration and a qualifying prior impaired driving incident may have two aggravating factors and face second-degree DWI, but those two factors alone do not make the current offense a felony.
Where Does Chemical Test Refusal Fit?
Chemical test refusal is not one of Minnesota’s statutory aggravating factors. Instead, refusing a legally required chemical test can be a criminal offense itself.
A qualifying test-refusal offense can constitute third-degree DWI even without another aggravating factor. If one aggravating factor is also present, the refusal offense can qualify as second-degree DWI. A refusal can also create separate driver’s license consequences under Minnesota’s implied consent law.
How Do Misdemeanor and Felony DWI Penalties Compare?
The maximum criminal penalties increase significantly between fourth-degree misdemeanor DWI and first-degree felony DWI. The table below provides a general comparison of Minnesota’s four DWI degrees:
| DWI Degree | Classification | Maximum Criminal Penalty |
|---|---|---|
| Fourth Degree | Misdemeanor | Up to 90 days in jail and/or a $1,000 fine |
| Third Degree | Gross misdemeanor | Up to one year in jail and/or a $3,000 fine |
| Second Degree | Gross misdemeanor | Up to one year in jail and/or a $3,000 fine |
| First Degree | Felony | Up to seven years in prison and/or a $14,000 fine |
These are maximum statutory penalties, not predictions of the sentence someone will receive. Sentencing depends on the degree of the offense, criminal history, applicable sentencing requirements, and the circumstances of the case.
A felony DWI can also involve driver’s license consequences separate from the criminal sentence. Depending on the circumstances and prior impaired driving history, a driver may face an extended license revocation or cancellation and requirements involving Minnesota’s Ignition Interlock Device Program. These administrative issues should be evaluated separately from the criminal charge.
What Can a Felony DWI Affect Beyond the Criminal Sentence?
A felony conviction can have consequences beyond incarceration, fines, and driving privileges. The specific effects vary based on a person’s occupation and circumstances, but a felony record may arise during employment background checks and can create additional concerns for people who hold professional licenses or commercial driving credentials.
For licensed professionals, the criminal case and the professional consequences may proceed separately. A licensing board or employer may have its own reporting requirements and standards, which means resolving the criminal case does not necessarily resolve every employment or licensing concern.
A felony conviction can affect other civil rights as well, although the rules depend on the right involved and the nature of the conviction. For example, Minnesota restores voting rights when a person convicted of a felony is no longer incarcerated for that offense. Other issues can involve separate state or federal laws and should be evaluated individually rather than assuming every felony conviction produces the same result.
What Should You Do If You Are Facing Felony DWI Charges?
The degree listed on a DWI charge should not be accepted without examining how the state reached it. In a potential felony case, that includes reviewing the alleged prior impaired driving incidents, their dates, and whether they legally qualify under Minnesota law.
The underlying DWI investigation matters as well. Depending on the circumstances, an attorney may review the basis for the traffic stop, field sobriety testing, chemical test evidence, test-refusal allegations, and other issues that could affect the state’s case. These questions can form part of the available DWI defense strategy.
Coodin Law Office, LLC can review why your DWI has been charged at a particular degree, whether alleged prior incidents or aggravating factors legally apply, and how the criminal case relates to your driving privileges. If you are facing a misdemeanor, gross misdemeanor, or felony DWI in Minnesota, contact our office to discuss your situation.