A second-degree DWI occurs when the charged offense is your third in 10 years (2 priors), or when two aggravating factors are present (for example, 1 prior and a .16 alcohol concentration). Alternatively, a test refusal can be charged as a second-degree DWI if there is one aggravating factor (1 prior for example). A second-degree DWI is a gross misdemeanor offense and faces a maximum jail sentence of up to 365 days in jail and/or a $3,000 max fine.
If You are Charged With 2nd Degree DWI Based Upon Prior Offenses, Then You Face Mandatory Minimum Penalties
Minimum penalties apply for 2nd and 3rd time offenses. These penalties include a minimum amount of incarceration, and a minimum amount of that which must be served in an actual jail. Significant amounts of community service may also be applicable.
You Also Face Mandatory Bail Provisions
As you await trial, you will either have to face $12,000 bail or agree to both abstain from alcohol and submit to daily testing.
Furthermore, Your License Can Be Revoked For Up to 3 Years Depending on The Facts of Your Case
It Gets Even Worse: You Could Have Your Plates Impounded (Think "Whiskey Plates")
Can It Get Even Worse? Oh Yes It Can: You May Lose the Car in a Forfeiture Action!
All of this looks and sounds scary. It should. A 2nd Degree DWI is a serious offense. You should not face these charges alone. Call me at (320) 433-7225 or email me at [email protected] to schedule a consultation. I can help you mitigate the charges and help you get your life back on track.