Lawyer for Second, Third & Fourth+ DWI Offenses in MN
Minimize Your Risk of Enhanced DWI Penalties in MN
A DWI conviction is always a serious offense, but did you know that a second, third, or fourth DWI offense in Minnesota could result in enhanced charges?
The more DWI convictions a person has had in the last 10 years, the greater the penalties they will face. Jail time will be longer, fines will be higher, and the severity of the charge could increase from a misdemeanor to a felony.
If you are facing a DWI charge with prior convictions, there is still hope for your defense.
Why You Should Call Us
At Caplan & Tamburino Law Firm, P.A., our team has a proven track record of successfully defending clients against second, third, and fourth DWI charges. We understand the intricacies of Minnesota DWI laws and will work tirelessly to protect your rights and achieve the best possible outcome for your case.
The benefits of hiring us for a second, third, fourth, or subsequent DWI charge include:
- Thorough understanding of Minnesota DWI laws
- Strategic defense strategies tailored to your specific case
- Experience in negotiating reduced charges or alternative sentencing options
- Compassionate and personalized legal support throughout the entire legal process
- Proven track record of achieving favorable outcomes for clients
Don't face your DWI charges alone. Schedule a free consultation with our experienced DWI lawyers to discuss your case and explore your legal options.
Call Caplan & Tamburino Law Firm, P.A. at (612) 444-5020 or contact us online to speak to a multiple DWI lawyer.
Minnesota's “Look-Back” Period for DWI Offenses
Minnesota law has what is referred to as a ten-year “look-back” period that is used to determine whether a repeat DWI offense has occurred. This means that a DWI conviction can be used to enhance a subsequent offense for a period of ten years.
For example, if you received a DWI twelve years ago and another DWI today, your second offense would be punished in the same way as your first. However, if you received a DWI eight years ago and another today, your new DWI would be enhanced to a more severe charge.
How DWI Charges Are Classified in MN
In the state of Minnesota, there are four degrees of impaired driving charges:
- First-degree DWI (Minn. Stat. § 169A.24)
- Second-degree DWI (Minn. Stat. § 169A.25)
- Third-degree DWI (Minn. Stat. § 169A.26)
- Fourth-degree DWI (Minn. Stat. § 169A.27)
Ultimately, the severity of your charges will depend on the number of aggravating factors present in your case.
Aggravating factors may include:
- Prior DWI convictions;
- High blood alcohol levels; and/or
- The presence of a child in your vehicle.
If you have been charged with your second DWI offense within 10 years of a prior conviction, you will automatically face third-degree, gross misdemeanor DWI charges. However, if your blood alcohol concentration was also at .16 or greater, or a child was in your vehicle, your charges could be elevated to second-degree DWI—as you would now have two aggravating factors present.
Similarly, if you have been charged with your third DWI offense within 10 years, you will be charged with second-degree DWI, a gross misdemeanor offense.
If you have been charged with your fourth DWI offense within 10 years of your first DWI conviction, you will be charged with first-degree DWI, a felony offense.
Penalties for Third-Degree DWI in MN
The penalties for a third-degree DWI offense may include:
- Up to $3,000 in criminal fines
- Maximum jail sentence of one year
- One-year license revocation
Penalties for Second-Degree DWI in MN
The penalties for a second-degree DWI offense may include:
- Up to $3,000 in criminal fines
- Maximum jail sentence of one year
- Two-year license revocation
Enhanced Penalties for Multiple DWIs in MN
For a first DWI offense with a BAC of .16 or less, the driver will be sentenced to up to 90 days in jail and/or a fine of $1,000, and may possibly have their license revoked, their vehicle impounded, or have an Ignition Interlock Device (IID) installed in their car.
Without any other aggravating factors, like having a BAC of .16 or more or having a child in the car, the first offense is classified as a misdemeanor. Otherwise, the charge escalates to a gross misdemeanor, and is treated the same way that a second or third offense would.
Gross misdemeanor charges include a one-year jail sentence and/or a $3,000 fine, and require whiskey plates to be installed on the vehicle which will make your vehicle more recognizable to law enforcement.
A fourth DWI in ten years is classified as a felony in Minnesota and is punishable by up to seven years in prison and/or a fine of up to $14,000, vehicle forfeiture, license cancellation, and more.
Get Expert DWI Defense in Minneapolis Now
If you are facing a second or subsequent DWI charge, legal defense may still be an option for you. Contact the Minneapolis, MN multiple DWI attorneys from Caplan & Tamburino Law Firm, P.A. to discuss what options are available for your case.
We may be able to challenge the admissibility of evidence gathered against you, especially if it was obtained by violating your rights, and may be able to help you avoid jail time by voluntarily getting onto the ignition interlock program.
For a complimentary and confidential consultation about multiple DWI charges and penalties in MN, please contact our firm at (612) 444-5020.
What Should I Do If I’VE BEEN ARRESTED?
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1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
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2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
MAKING A DIFFERENCE FOR OUR CLIENTS
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“This settlement changed my life.”
I came to Tamburino Law Group in 2018 after a severe accident left me unable to work and in constant pain. The firm helped me secure a $700,000 award, far exceeding my expectations. Their tireless efforts have completely changed my life, covering medical bills and future wage loss.- K.M. -
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Case Dismissal Assault Charges
Attorney Joe Tamburino represented a client in Anoka County on multiple assault charges involving multiple alleged victims. Joe litigated the matter for almost a year, and on the day of trial he got the case dismissed. His client was very happy.
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Reduction of Charges Felony Theft
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Case Dismissed Felony Stragulation
Attorneys Hannah Martin and Hillary Parsons represented a client who was accused of felony strangulation and misdemeanor domestic assault.
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No Executed Jail Time Criminal Sexual Conduct 3rd Degree
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Case Dismissed Formal Title IX Hearing Avoided
REAL PEOPLE. REAL RESULTS.
- Assault Charges
- Felony Theft
- Felony Stragulation
- Criminal Sexual Conduct 3rd Degree
- Formal Title IX Hearing Avoided