DWI Convictions Can Haunt You For a Long Time in Minnesota [infographic]

A Minnesota DWI conviction can impact a person’s life for a long time, often resulting in steep fines, jail time, loss of driving privileges, and problems with employment, housing, and even child custody arrangements. While getting a DWI expunged is possible for some people in Minnesota, it isn’t always easy.

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Expunging DWI Convictions

In January 2015, a Minnesota law went into effect making it possible to expunge DWI convictions from criminal records. However, Minnesota’s DWI task force is now calling for changes that will make expungement of DWI convictions more difficult. The task force argues that it is currently too easy for people with DWI offenses to expunge their records. The task force says 40 percent of drivers convicted for DWI offenses eventually re-offend.

Over the years, Minnesota has allowed employers to make a blanket ban on hiring anyone with a criminal record. This made it very difficult for offenders to clean up their past mistakes and improve their lives with new jobs and good housing. In 2015, the new law made it easier for people convicted of certain crimes to have their criminal records expunged. An expungement seals the records from background checks by employers and landlords, helping offenders obtain jobs and housing. Although expunging DWI convictions is now easier than it used to be in Minnesota, it is still not an easy process. Not all ex-offenders qualify for expungements. The law applies primarily to misdemeanors, juvenile delinquency, and low-level felonies. To expunge a DWI conviction, the offender must serve his/her required sentence and successfully complete a waiting period without further offenses or arrests.

Minnesota’s Second Chance Law allows people convicted of certain low-level felonies to appeal to the court for expungement of their criminal records. According to this law, a felony conviction for 50 different allowable offenses will revert to a misdemeanor after an offender’s sentence is successfully served. Once it reverts to a misdemeanor, it becomes eligible for expungement.

A DWI conviction can impact a person’s future for many years. It can cost the offender thousands of dollars in penalties, increased insurance rates, and a driver’s license revocation that can permanently remain on a driver’s record, even if he/she is found not guilty of the charges. A first-offense DWI can result in jail time from 90 days up to one year. Repeat offenses can be charged as felony offenses with jail time up to seven years.

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

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.