This is a continuanation of yesterday’s blog on Minnesota’s Mandatory Minimum penalties for drivers who allegedly commit a repeat DWI.
2nd Degree DWI (gross misdemeanor):
2nd Degree DWI, a repeat DWI for the third DWI offense within 10 years, carries a mandatory minimum of 90 days.
The 90 day mandatory minimum is not as flexible as the 30 day mandatory minimum penalty for a 3rd degree DWI. The 90 day mandatory minimum requires at least 30 days of jail time. The remaining 60 days can be served as electronic home monitoring. However, it is up to the Court as to whether the offender may serve only 30 of the 90 days in jail. The Court can require offenders to serve all 90 days in jail. And, in most cases, this is what happens – the offender must serve all 90 days.
Certain counties will permit the offender to serve less time. Hennepin County will allow the offender to do 30 days in jail and, occasionally, serve the time on the weekend. Dakota County has a “Safe Streets” program that allows the offender to serve only 6 days of actual jail, provide the offender agrees to intensive supervision that is above and beyond the normal supervised probation. Carver County is also beginning safe streets. Cottonwood County DWI offenders are occasionally permitted to serve only 30 days of jail, and to do so on the weekends. Martin County DWI sentences also allow weekend time.
1st Degree DWI (Felony):
If an driver is charged with Minnesota Felony DWI, and it is their first felony DWI, they are subject to mandatory minimums that do NOT include a prison sentence. Put another way, the first time felony DWI offender does not necessarily have to go to prison. However, the offender will be subjected to certain mandatory minimums in lieu of an executed prison sentence.
For a fourth lifetime offense (i.e., first time felony DWI), the offender MUST serve a mandatory minimum of 180 days. 30 days must be served in jail. The Court may allow the offender to serve the remaining balance of 150 days as electronic home monitoring. The Court does not have to allow the offender to serve any of the 180 days as electronic home monitoring.
For a fifth lifetime DWI offense, if the offender is not sent to prison, then the mandatory minimum sentence is one year in jail. The individual must serve at least 60 days in jail. The Court may allow the offender to serve the remaining balance of 305 days as electronic home monitoring, but the Court is not required to allow this. The offender may also be eligible for the “Safe Streets” program, as described above.