A 1st degree DWI is the most serious DWI in Minnesota. It's a felony. And once you're convicted of a felony DWI, every subsequent DWI will be charged as a felony, no matter how many years go by. There are two ways to get a felony 1st degree DWI: 1) it's your 4th offense in a ten-year period, or 2) you've been previously convicted of a felony DWI or a drug/alcohol related criminal vehicular operation/homicide. The maximum sentence is 7 years in prison and up to a $14,000 fine.
You Face a Mandatory Minimum Sentence of 3 Years in Prison
For a felony DWI, Minnesota law requires a mandatory minimum sentence of 36 months/3 years in prison. Depending on your criminal history and other factors, the execution of this sentence can be stayed (as in, you're put on probation instead), but you will have the three years hanging over your head. Furthermore, once you are released from prison, you will be on conditional release for 5 years.
You Also Face Mandatory Conditions While Awaiting Trial
To include: random testing, reporting in to a probation agent, and impounding the plates on your vehicle.
Depending on How Many Prior DWIs, and the Timing, You Could Lose Your License Privileges for Up to 6 Years!
Also, Your Plates Are Going to Be Impounded if You Have a Prior DWI Within 10 Years, or Your Alcohol Concentration was a .16 or Higher
It Gets Worse: Say Bye to Your Car! It's Getting Seized.
A 1st Degree DWI is not a fun charge to deal with. You don't want to be facing it. Furthermore, you certainly don't want to be facing it without an attorney. You're looking at hefty penalties and consequences. Let a DWI attorney help contain the damage and get your life back on track. If you or a loved one are charged with a DWI, call me at (320) 433-7225 or email me at [email protected].