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Under Minnesota law, Defendants who are arrested and convicted for Driving Under the Influence (DUI) are subject to criminal penalties as well as penalties under the Implied Consent law. When you are faced with the possibility of having to plead guilty to a DUI charge, contact a Rochester MN DUI Attorney to discuss your right, your option and the potential penalties that you will face. Below are the penalties for a DUI conviction. Keep in mind that laws are continuously being changed; however this information is correct as of January of 2008.
In Minnesota there are four levels of criminal penalties for a DUI and they are based on the number of aggravating factors that were present when the DUI/DWI was committed.
The aggravating factors include:
- A qualified*** prior impaired driving incident within ten years of the date of the new offense;
- The presence of a child under the age of 16 in the vehicle, if the child is more than 36 months younger than the offender;
- An alcohol concentration of .20 or more as measured at the time, or within two hours of driving or being in physical control of a motor vehicle.
| Aggravating Factors | Criminal Charge | Maximum Penalty |
| 0 | Misdemeanor 4th Degree DUI | $1000 fine and/or 90 days in jail |
1 | Gross Misdemeanor 3rd Degree DUI | $3,000 fine and/or 1 year jail |
| 2 | Gross Misdemeanor 2nd Degree DUI | $3,000 fine and/or 1 year jail |
| 3 | Felony (4th Offense Only) 1st Degree DWI | $14,000 fine and/or 7 years in prison |
*** Qualified prior driving incidents include both prior DUI convictions and prior implied consent revocations.
Alcohol and Drug Test | ||
Alcohol Concentration (AC)/Age | Criminal Conviction (DWI) | Administrative Sanctions |
.08-.19 | 30-Day Revocation | 90-Day Revocation* |
.08-.19 and under 21 | 180-Day Revocation | 180-Day Revocation |
.20+ AC | 180-Day Revocation | 180-Day Revocation |
.20+ AC and under 21 | One-Year Revocation | One-Year Revocation |
*-Upon certification of the DUI conviction the sanction may be reduced to 30-Days.
| Test Refusal | ||
Age | Criminal Conviction (Refusal) | Administrative Sanctions |
Under 21 | One-Year Revocation | One-Year Revocation |
Over 21 | 90-Day Revocation | One-Year Revocation** |
**-Upon certification of criminal conviction for test refusal, the sanction may be reduced to 90 days.
Alcohol and Drug Test | ||
Alcohol Concentration (AC)/Age | Criminal Conviction (DWI) | Administrative Sanctions |
.08-.19 | 180-Day Revocation | 180-Day Revocation |
.08-.19 and under 21 | 180-Day Revocation | 180-Day Revocation |
.20+ AC | One-Year Revocation | One-Year Revocation |
.20+ AC and under 21 | One-Year Revocation | One-Year Revocation |
Test Refusal | ||
Age | Criminal Conviction (Refusal) | Administrative Sanctions |
Under 21 | One-Year Revocation | One-Year Revocation |
Over 21 | One-Year Revocation | One-Year Revocation |
Again, in addition to the expiration of the driving loss period, in order to be reinstated the offender must pass an alcohol/controlled substance knowledge test, apply for a new Minnesota license and pay the $680.00 fee.
Alcohol and Drug Test | ||
Alcohol Concentration (AC)/Age | Criminal Conviction (DWI) | Administrative Sanctions |
.08-.19 | One-Year Revocation | 180-Day Revocation |
.08-.19 and under 21 | One-Year Revocation | 180-Day Revocation |
.20+ AC | Two-Year Revocation | One-Year Revocation |
.20+ AC and under 21 | Two-Year Revocation | One-Year Revocation |
| Test Refusal | ||
Age | Criminal Conviction (Refusal) | Administrative Sanctions |
Under 21 | One-Year Revocation | One-Year Revocation |
Over 21 | One-Year Revocation | One-Year Revocation |
Again, in addition to the expiration of the driving loss period, in order to be reinstated the offender must pass an alcohol/controlled substance knowledge test, apply for a new Minnesota license and pay the $680.00 fee.
Alcohol and Drug Test | ||
Alcohol Concentration (AC)/Age | Criminal Conviction (DWI) | Administrative Sanctions |
.08-.19 | Two-Year Revocation | 180-Day Revocation |
.08-.19 and under 21 | Two-Year Revocation | 180-Day Revocation |
.20+ AC | Four-Year Revocation | One-Year Revocation |
.20+ AC and under 21 | Four-Year Revocation | One-Year Revocation |
Test Refusal | ||
Age | Criminal Conviction (Refusal) | Administrative Sanctions |
Under 21 | Two-Year Revocation | One-Year Revocation |
Over 21 | Two-Year Revocation | One-Year Revocation |
Again, in addition to the expiration of the driving loss period, in order to be reinstated the offender must pass an alcohol/controlled substance knowledge test, apply for a new Minnesota license and pay the $680.00 fee.
Links of Interest:
- MN Department of Public Safety: www.dps.state.mn.us/dvs/index.html
- Minnesota Driver and Vehicle Info: www.mndriveinfo.org
- Dilaveri Criminal Defense: http://www.dilavericriminaldefense.com/duioverview.htm
