Differences between Misdemeanor and Felony Drunk Driving Charges

Each year, nearly 28,000 people are arrested for DWI, according to Minnesota Department of Public Safety, and one in seven Minnesota drivers has a DWI on his or her record. Unfortunately, some drivers who are charged with a DWI consider the charge to be a traffic offense and fail to take the charges seriously. In fact, there is much confusion about the nature of a DWI charge and the potential impact of a DWI conviction.

The Minneapolis DWI defense lawyers at Keller Criminal Defense Attorneys focus on defending clients throughout Minnesota who are facing criminal charges, including DWI charges. DWI charges are not a routine traffic offense; rather, DWI charges – even first offenses – are serious criminal charges that carry significant penalties. As such, it is important that you do not take DWI charges lightly and that you understand your legal rights, possible defenses, and the potential impact of a DWI conviction.

Misdemeanor DWI Charges

Most DWI charges are considered to be misdemeanor offenses, but even misdemeanor DWI offenses carry significant penalties. For instance, a first DWI offense could result in a jail time of up to 90 days and fines of up to $3,000, not to mention possible probation, community service, and loss of driving privileges penalties.

Some DWI charges are deemed to be gross misdemeanors, which means that they result in stiffer penalties. For instance, a second DWI violation within ten years is deemed a gross misdemeanor which is punishable by up to one year in jail and fines of up to $3,000.

Felony DWI Charges

One of the primary differences between a misdemeanor and a felony DWI is that a misdemeanor can result in imprisonment of up to one year, whereas a felony is punishable by imprisonment of more than one year.

Under Minnesota criminal statutes, a person can be convicted of first-degree felony DWI in the following situations:

  • he or she is convicted of a fourth (or more) DWI offense within ten years of three or more previous DWIs; or
  • he or she is convicted of a DWI offense and had previously been convicted of a felony DWI crime; or
  • he or she is convicted of a DWI offense and had previously been convicted of a felony-level crime of criminal vehicular homicide or injury (CVO) involving alcohol or controlled substances.

A felony DWI conviction carries a mandatory minimum 180-day jail term and can result in a prison term of up to seven years and/or fines of up to $3,000. A felony conviction of any kind also results in the loss of various personal rights, including the right to vote and the right to bear arms.

Contact a Minnesota DWI Defense Lawyer

If you are facing DWI charges in Minneapolis, we have the experience you need to defend you against the charges, protect your legal rights, and minimize the potential DWI penalties. We are familiar with a number of specific issues pertaining to Minnesota DWI charges, including ignition interlock, license plate impoundment, vehicle forfeiture and job loss due to DWI.

Contact Keller Criminal Defense Attorneys at (952) 913-1421 to schedule a free consultation with one of our Minneapolis DWI defense lawyers.

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

What Happens If You Get a DWI While Riding a Scooter or E-Bike in Minneapolis?

Minnesota DWI laws apply to all types of motorized vehicles using the road. So, you may get arrested and charged with DWI while riding a scooter or E-bike if your blood alcohol concentration is 0.08 or more. The penalties for a DWI conviction may range from driver license suspension or revocation and fines to imprisonment. A conviction may also result in collateral consequences, including job loss and higher auto insurance premiums. A DWI lawyer can minimize the legal consequences or avoid them altogether. So, be sure to retain a lawyer immediately after you get arrested or charged for riding a scooter or e-bike while impaired.

Can a Criminal Record Impact New Charges in Minnesota?

People with prior convictions and facing new charges may wonder, “Can a criminal record impact new charges in Minnesota?” Having a criminal record can influence how the prosecution and court will handle your current charges. The court may deny your bail request or impose strict conditions. It may also impose harsh penalties. The prosecution, on the other hand, may be reluctant to give you a favorable plea deal if you have a prior conviction for a similar or related offense.