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Driving while intoxicated

In Minnesota, the legal limit for drinking and driving is 0.08 alcohol concentration. Throughout the past two years the state has increased penalties for drinking and driving making it possible for an individual to be charged with a felony.

At the present time, DWIs are classified in four degrees of seriousness. (Note: DWI is sometimes unofficially called DUI.)

First degree DWI is a felony, second and third degree DWIs are gross misdemeanors, and fourth degree DWI is a misdemeanor.

The prosecuting attorney determines the degree to charge based on an individual’s conduct and conduct taking place up to ten years before the present conduct. A person’s blood alcohol concentration, prior DWI convictions and prior alcohol-related driver’s license revocations all play a vital role in determining what someone will be charged with. Minnesota has also placed mandatory sentencing guidelines into effect so that first, second, and third degree DWI’s will result in some mandatory incarceration.

It is important to note that if an individual is at or above the legal limit for drinking and driving their driving privileges will be taken away. There are specific time limits for challenging the license revocation. Thus, it is imperative to contact an attorney immediately to calculate the relevant timelines.