Consequences Of Drunk Driving Charges
If you have been accused of misdemeanor or gross misdemeanor DWI/DUI, it is important to choose an attorney who knows this area of the law inside and out. At the law firm of Michael L. Samuelson, you will find an attorney focused specifically on drunk driving defense and criminal defense cases, an attorney who has made a 30-plus-year career out of successfully standing up for the rights of people accused of DUI/DWI and other crimes.
If there are no aggravating factors, the charge of drunk driving is a fourth-degree misdemeanor. Most first-offense drunk driving charges are fourth-degree misdemeanors. In Minnesota, the maximum penalty for a misdemeanor is a $1,000 fine and 90 days in jail.
In reality, people rarely get the maximum penalty. However, there are serious consequences that make it critical to fight these charges: a mark on your record, driver’s license revocation and a massive increase in insurance premiums.
Gross Misdemeanor DWI/DUI
Drunk driving charges can increase in both degree and severity if one or more of the following aggravating factors are involved:
- A prior DWI/DUI or alcohol-related license revocation within the last 10 years
- A breath, blood or urine test score of .20 or above
- A child under age 16 in the car
When a DWI/DUI increases to the third or second degree, it becomes a gross misdemeanor. The maximum penalty for a gross misdemeanor is a $3,000 fine and a year in jail.
Some gross misdemeanor DWI/DUI charges come with mandatory minimum sentences. For example, if a person is charged with drunk driving and they have a prior DWI/DUI conviction or license revocation within the last 10 years, the mandatory minimum sentence includes 30 days in jail. Our experience may help us find ways around these harsh mandatory minimums.
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