After a DUI charge, most people’s biggest concern is whether jail time is likely. The short answer is that jail is possible for a first offense. However, whether you’ll serve time in jail depends on several factors, including your blood alcohol concentration (BAC) and whether there were aggravating circumstances. A knowledgeable Minnesota DWI attorney can review your case and explain whether you can avoid incarceration.
Minnesota’s DUI Laws
Minnesota law uses the term “driving while impaired” (DWI) instead of DUI. Under Minnesota Statutes § 169A.20, you can be charged if you drive, operate, or are in physical control of a motor vehicle while:
- You have a BAC of 0.08% or higher
- You’re otherwise impaired by alcohol, drugs, or a combination of both
- You refuse a lawful chemical test
There are mandatory penalties for DWI convictions, but judges may also have some discretion during sentencing. A first DWI offense is usually charged as a misdemeanor. The maximum penalties include up to 90 days in jail and a $1,000 fine. That doesn’t mean everyone convicted of a first DWI serves three months behind bars—but it is a possibility, depending on your specific case and defense.
Furthermore, a misdemeanor conviction means you’ll have a criminal record that can be accessed by employers and landlords. While your immediate concern may be jail, the long-term effects can be just as bad.
When Is Jail Time More Likely?
Not all first-time DWIs are treated the same. Several factors can increase the chances of serving jail time:
- High BAC: If your BAC is 0.16% or higher, the DWI is a gross misdemeanor. This raises the maximum penalties to one year in jail and a $3,000 fine. You are far more likely to serve jail time in a high BAC case.
- Test refusal: Refusing a chemical test (breath, blood, or urine) is also a gross misdemeanor. Not every test refusal results in mandatory jail time, but judges have the discretion to include incarceration based on the surrounding circumstances.
- Aggravating factors: If you had a child under 16 in the vehicle or caused an accident with injury or property damage, jail time is far more likely.
While every case is different, courts frequently order some combination of jail time, community service, and electronic home monitoring. Your DWI defense lawyer can explain the most likely sentence and build a strong defense.
Probation and Alternatives to Jail
Even if jail is on the table, you probably won’t spend significant time behind bars. Judges often suspend most or all of the jail sentence if you comply with probation conditions. These conditions typically include:
- Attending a victim impact panel
- Avoiding further violations
- Completing a chemical dependency assessment and treatment
- Paying all fines and court costs
- Submitting to random alcohol or drug testing
Probation can last for years, even for a first DWI. If you fail to follow the terms, the court can order you to serve some or all of the suspended jail sentence.
Even if you avoid jail, a DWI conviction will still have long-lasting effects. DWIs remain on your criminal record, which can affect your job opportunities. A conviction also counts toward future offenses. Minnesota law uses a 10-year “lookback” period, which means that any future DWI within 10 years will be treated as a second offense.
Finally, insurance rates often rise after a DWI conviction. Some drivers may even need to file an SR-22 certificate to prove financial responsibility before they can get their license reinstated.
Talk to Our Experienced Minnesota DWI Lawyer Today
While many people avoid jail time for a first DWI, don’t assume that will be the outcome for you. Coodin Law Office, LLC, approaches each case with care and personal attention. If you’re facing a first DWI in Minnesota, contact us to discuss your options.