Being charged with DWI can be a very difficult experience for you or for a loved one. After the charge there are court appearances and possible fines and jail time. But having the right representation from a DWI lawyer who does have experience with Minnesota laws and the courts can make a considerable difference in your case.

There are four different categories of drunk driving crimes:

• First Degree Felony DWI
• Second Degree Gross Misdemeanor DWI
• Third Degree Misdemeanor DWI
• Fourth Degree Misdemeanor DWI

Which category your charge falls depends on several factors. First, the number of prior offenses you’ve had within the previous 10 years comes into play. Second, the charge can be more serious if there are any aggravating factors present. It does not matter if the offense is your first or your third, a certain number of aggravating factors can lead to a felony when the offense would otherwise be a misdemeanor.

DWI Aggravating Factors

Aggravating factors include:

• A qualified impaired driving incident within the 10 years preceding the current incident. This can include Snowmobiling while Intoxicated (SWI), Boating while Intoxicated (BWI) or another such offense.
• Having an alcohol concentration in excess of .20 at the time of the incident or within two hours following.
• Having a child under the age of 16 in the vehicle or more than 36 months younger than the driver.

Field sobriety testing may also be conducted to determine intoxication. This can include such acts as walking a straight line, taking a breathalyzer test, standing on one foot, saying the alphabet backwards, and any other test requested. You do have the right to refuse testing, but when you acquire your Minnesota driver’s license, you are basically giving permission for field sobriety tests to be conducted if you are suspected of DWI. If you refuse, you can lose that license and a judge can also use that refusal to make the charge against you even more severe. You will eventually have to submit to urine or blood testing.

Drunk Driving Penalties

As it stands, the penalties can range from hefty fines, jail time, license suspension or total revocation of your license, and alcohol education courses. Jail time can be as long as three years and fines as low as $1,000 or as high as $14,000. That is if there are not a variety of other offenses to accompany the original DWI offense. Sometimes there can be a variety of charges surrounding the same offense, which can worsen the penalties.

DUI Lawyer Eden Prairie

When you have a skilled DWI defense lawyer by your side, you are able to better stand up for yourself in court. It is quite possible to have part, if not all, of the charges dismissed or the penalties reduced with the right help. Call the Law Firm of Martin S. Azarian at 952-975-0663 for your free initial telephone consultation. Make sure you have a dedicated and aggressive criminal defense attorney by your side so that your case can reach the best conclusion.