MN Bill Would Permanently Revoke 5-Time DWI Offenders

Minnesota has recently introduced a bill which will take a driver’s license away after a fifth DWI offense. According to Rep. Dario Anselmo, the shocking story of Danny Lee Bettcher, of New York Mills, is what inspired the proposal. In October 2017, Bettcher was charged with his 28th DWI. The proposed bill would build on already steep fines and penalties faced by Minnesotans who are convicted of driving while intoxicated.

Repeat DWI Offenders Face Harsher Penalties

State lawmakers plan to crack down on drunk drivers with repeated DWI charges to reduce the high number of fatal car crashes on Minnesota roads. According to a National Highway Traffic Safety Administration report, approximately 25,000 Minnesota drivers had five or more DWI offenses in 2014. Minnesota’s rate of repeat DWI offenders is one of the highest in the country.

Currently, Minnesota DWI offenders can incur steep fines, license suspension, ignition interlock, vehicle forfeiture, and possible jail time. Criminal penalties are based on the number of prior aggravating factors a driver has at the time of the offense. A first offense DWI is a gross misdemeanor charge. After a fourth offense and/or depending on related circumstances, a DWI becomes a felony charge. A Minnesota driver charged with a first-degree felony DWI can face a minimum jail term of 180 days, a maximum jail term of five to seven years, and fines of up to $14,000.

The new Minnesota bill would automatically revoke a person’s driver’s license with a fifth DWI offense, but some drivers may be allowed to get their license back. The bill would include an option that allows drivers to petition the court to get their driver’s license reinstated after 10 years have passed from the date the license was revoked. The final decision would be up to the court. State lawmakers and law enforcement are in favor of the new bill and its terms to revoke a driver’s license for repeat DWI offenders for 10 years. Police officers say the bill is a good start, but hey commonly encounter drivers with revoked licenses who are still driving using a friend or family member’s vehicle.

If the proposed bill passes, the new rules would apply to DWI violations that occur on or after August 1, 2018.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.