DWI/DUI Attorney in Eden Prairie, Minnesota

What is the penalty for a first time DWI in Minnesota?

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The penalty for a first time DWI in Minnesota really depends now on what the person tests at. Let’s say the person actually doesn’t test, let’s say the person actually refuses to take the test at the station. That would be considered a gross misdemeanor the maximum penalty is up to a year in jail and a loss of driving privileges for a year. That may be shortened but for now would be a loss of driving privileges for a year. With respect to people who do take the test, as long as they test under .15 that would be considered a misdemeanor and the maximum penalty would be 90 days in jail and $1,000.00 fine with the possibility of a loss of driving privileges for up to 90 days but that might be reduced as well.

Now if the person tests at the station and that’s critical because a test has to be at the station, if the person tests 1.6 or higher, then that person would be charged with what we call a gross misdemeanor. The maximum penalty would be a year in jail and $3,000.00 fine. So it’s not so much how many DWI’s a person gets although that does play a factor, it’s where the person tests. Now when a person has more than one DWI within a 10-year period the penalties grow dramatically.

There are other penalties as well. There are also what’s called license plate impoundment the police could actually take the plates off the vehicle. You could have a restriction on your ability to drive which means you’d have to get the ignition interlock or limited license. And for multiple or repeat offenders they may be barred from driving for a significant period of time and wouldn’t necessarily be eligible for the ignition interlock. Those are usually for your third and fourth time DWI defendants.

Eden Prairie criminal defense attorney Martin Azarian discusses penalties for first time DWI’s under Minnesota laws.

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