I’m charged with DWI - Will I get jail time?
In Minnesota, a DWI charge initiates parallel proceedings: a criminal case addressing the offense's legal consequences and a separate Implied Consent proceeding dealing with license suspension or revocation. The criminal case involves penalties like jail time, fines, and probation, while the Implied Consent aspect pertains to administrative consequences resulting from a chemical test refusal or failure. Navigating both requires thorough legal representation to address both the criminal and administrative dimensions effectively.
Will I get jail time?
The most common request I hear from DWI clients who spent a night or two in custody is to keep them from doing any more time in jail. Your likelihood of doing jail time for your DWI depends on the severity of the charge and whether you have qualified priors in the last 10 years (a qualified prior includes a DWI criminal conviction or an Implied Consent license revocation). Minnesota’s DWI law calls for minimum jail sentences in the circumstances described below. These jail sentences are called “mandatory,” but they can be avoided. Consult our experienced attorneys about how you can stay out of jail.
No Prior Offenses Within 10 Years:
No mandatory minimum jail sentence.
Second Offense Within 10 Years:
30 days jail
48 hours actually served consecutively in custody
8 hours work service for each day less than 30 days
If under 19 years of age: 30 days Electronic Alcohol Monitoring for each year of probation
Third Offense Within 10 Years:
90 days jail
30 days actually served consecutively in custody, or an intensive supervision program with 6 days actually served consecutively in custody
If under 19 years of age: 30 days Electronic Alcohol Monitoring for each year of probation
Fourth Offense Within 10 Years
3 years prison, whether this is executed (go to prison) or stayed (probation) depends on your criminal history
If prison is stayed: 180 days jail, 30 days actually served consecutively in custody, or an intensive supervision program with 6 days actually served consecutively in custody
Fifth Offense Within 10 Years
3 years prison, whether this is executed (go to prison) or stayed (probation) depends on your criminal history
If prison is stayed: 1 year jail, 60 days actually served consecutively in custody, or an intensive supervision program with 6 days actually served consecutively in custody
You can avoid these minimum sentences under certain circumstances. Talk to us about how you can avoid jail time in your DWI case.
