A Minnesota man is at risk of being sentenced to prison after being convicted for his 28th count of driving while intoxicated. The man was arrested when an off-duty law enforcement officer saw him drinking at a bar. The man then drove home, at which point a law enforcement officer saw the man’s vehicle swerving across the road. During the ensuing exchange between the driver and law enforcement officer, it was determined that the driver had bloodshot eyes and smelled of alcohol. The driver was also reported to be stumbling during this interrogation and declined to take part in any sobriety tests. The man faces two felony counts of driving under the influence of alcohol and refusal of a sobriety test.
The Role of the Lookback Period in Minnesota
The Law in the state of Minnesota uses a 10-year lookback period to determine if a person should be convicted of a repeat DWI offense. For example, while a person who was convicted of a DWI nine years ago could be facing an incarceration on the DWI, a person who was convicted of DWI 11 years ago would not face an enhancement on the DWI charge.
Penalties Associated with Repeat DWI Offenses
There are four degrees of impaired driving charges in the state of Minnesota: first degree, second degree, third degree, and fourth degree.
The existence of aggravating elements in a person’s case, including prior DWI convictions, have the potential to result in the degrees of a person’s offense being elevated. A person who is charged with a second DWI offense within the 10-year period could face a second or tthird-degree offense, depending on the blood alcohol concentration.
A person who is charged with a second degree DWI offenses faces up to $3,000 in criminal fines, a maximum of one year in jail, and a two-year license revocation.
A third degree DWI offense results in a prior facing up to $3,000 in criminal fines, a maximum amount of one year in jail, and a one-year license revocation.
A first degree DWI is considered a felony in the state of Minnesota, this is typically four or more DWIs in a 10 year period.
All individuals who face repeat DWI charges are at risk of the sentencing court ordering that individual to use an electronic alcohol monitoring system.
Contact a Minnesota DWI Lawyer
The legal counsel at O’Keeffe O’Brien Lyson Foss understands the many challenges that can arise from being charged with a repeat DWI offense. Speak to attorney Tatum O’Brien today for assistance in navigating your case. Call her at 701-235-8000 or 877-235-8002.