When Is a DWI a Felony in Minnesota?
Most DWIs in Minnesota are not felonies. A first-time DWI is never a felony, though it can still result in significant penalties, including fines, license suspension, and possible jail time. However, DWI conduct can lead to felony charges in cases where the offense results in serious harm or death. For example, if someone driving under the influence causes a fatal accident, they could face felony criminal vehicular homicide charges instead of a standard DWI.
A DWI becomes a felony in Minnesota when:
- It is the fourth or greater DWI incident within a 10-year period
- The driver has a prior felony DWI conviction, regardless of when it occurred
Minnesota law includes implied consent violations and out-of-state DWI-related offenses when calculating prior incidents. This means that even if a past offense was in another state, it could still count toward a felony DWI in Minnesota.
What Qualifies as a Prior DWI?
Minnesota uses a 10-year lookback period, meaning that prior DWI incidents within this timeframe can enhance future charges. However, the four-in-ten rule applies to more than just DWI convictions. Other factors that can count toward a felony charge include:
- Implied Consent violations (refusing a breath, blood, or urine test)
- Out-of-state DWI convictions
- Uncorrected driving record markings
A common misunderstanding occurs when a DWI is reduced to a lesser charge, such as careless or reckless driving. While the criminal charge itself may not count toward future DWI enhancements, the driver’s record may still reflect a prior DWI-related incident. This is why it’s essential to fight both the criminal charge and the driver’s license revocation if possible.
What Happens When You Get 3 DWIs in Minnesota?
If you are convicted of three DWI offenses within 10 years, the fourth offense would be classified as a felony DWI. A felony DWI conviction carries serious penalties, including:
- Presumed prison time, based on Minnesota’s sentencing guidelines
- Up to seven years in prison
- Fines up to $14,000
- Vehicle forfeiture and long-term license revocation
However, there are ways to avoid prison time for a felony DWI. Some Minnesota counties offer treatment programs and DWI courts that provide alternatives to incarceration. A skilled DWI attorney can help explore these options and advocate for reduced sentencing.
Felony vs. Misdemeanor DWI: What’s the Difference?
The main difference between felony and misdemeanor DWI in Minnesota is the severity of the penalties:
- Misdemeanor DWI: First-time offenses, punishable by up to 90 days in jail and fines up to $1,000.
- Gross Misdemeanor DWI: Second or third offenses within 10 years, punishable by up to 364 days in jail and fines up to $3,000.
- Felony DWI: Fourth or greater offense within 10 years, or any prior felony DWI, punishable by years in prison and much steeper fines.
Once a DWI is classified as a felony, the driver faces Minnesota’s felony sentencing guidelines. The court follows strict rules for felony sentencing, and without a successful argument for a departure, the default sentence may include mandatory prison time.
How a DWI Attorney Can Help
If you’re facing a felony or misdemeanor DWI, you need an experienced attorney to challenge the charges and explore sentencing alternatives. Prosecutors may not always disclose available treatment programs or probation options, making it critical to have legal representation that understands how to navigate Minnesota’s DWI laws.
At Shek Law, we fight to protect your rights, challenge the prosecution’s case, and work toward the best possible outcome. If you or a loved one has been charged with DWI in Minnesota, contact us today for a consultation.