Minnesota residents charged with their second DUI understand the severity of the penalties if they live in Edina or other Twin Cities suburbs. A second offense within 10 years usually results in more severe penalties than a first arrest, and it can impact all areas of your life. An Edina 2nd offense DUI lawyer can walk you through the process, protect your rights, and fight for your future.
The state of Minnesota maintains very serious drunk driving regulations. In fact, Minnesota has some of the harshest DUI laws in the Midwest. A second DUI offense within ten years is charged as a gross misdemeanor, rather than a simple misdemeanor. The Twin Cities courts, including Hennepin County, use a second DUI offense as evidence that you’re a greater risk to public safety.
In practical terms, a second DUI offense is not just “twice as bad” as the first. You will face additional legal challenges and a longer list of potential penalties. The exact circumstances of each case are different, but Minnesota requires a judge to impose a mandatory set of punishments if you are convicted. Having experienced DUI lawyer in Edina who understands how prosecutors think and how courts process these cases in Edina is that much more important.
Penalties for a second DUI vary based on the facts of the arrest. At least 30 days of custody is required by law, with at least 48 hours in jail. Fines can be as high as $3,000. The presence of aggravating circumstances like extremely high BAC levels or having a child in the vehicle may lead to extended jail time.
In addition to the criminal case, you will also face administrative action by the Minnesota Department of Public Safety. You will face a revocation of your driver’s license, possible impoundment of your vehicle plates, and possible forfeiture of your vehicle.
Many drivers will need to have an ignition interlock device installed prior to receiving even limited driving privileges. For Edina drivers, this may make it all but impossible to commute via Highway 62, I-494, or France Avenue without a legal solution.
You might be inclined to save money and represent yourself, but the stakes are too high for a second DUI. Every choice you make in the case is crucial, from entering a plea to contesting the traffic stop to writing a letter for sentencing. A 2nd offense DUI attorney ensures that you have an experienced professional reviewing your case from all sides.
Ronnie Santana’s experience as a prosecutor helps him predict how the state will argue its case. He knows how and where law enforcement often makes errors, such as during chemical testing or in reasonable suspicion for a stop. He not only fights the case against you but also treats you with respect and honesty.
Statistics reveal that one in seven Minnesotans has a DWI on their record. Of those who have a DWI, 40% will reoffend after their first DWI. Injuries and deaths from drunk driving began to rise at the end of 2019 and into 2020. Each DUI is different, but a strong defense may include the following:
Since each case is different, your defense should be based on the facts of the case. Even when the evidence against you seems strong, an attorney may find weaknesses or errors in procedure that may help you in court.
Our lead attorney, Ronnie Santana, is a former Minnesota prosecutor who leverages his understanding of the criminal justice system to advocate for the rights of residents throughout Edina, Bloomington, and the Twin Cities metro area.
Fully bilingual, he is dedicated to serving Minnesota’s Hispanic community with transparency and compassionate representation. Santana Law, PLLC, provides straightforward guidance with customized strategies and steadfast defense for clients facing DUI and assault charges, as well as other serious legal charges.
Most 2nd offense DUI cases from Edina are handled at the Hennepin County Government Center in downtown Minneapolis, where Edina 2nd offense DUI attorney Ronnie Santana appears regularly on behalf of his clients.
The cost of a lawyer in Edina for a second DUI can differ depending on your case. The cost of legal representation could vary according to the attorney’s level of experience and the complexity of your case, along with the time spent developing your defense strategy. Prices can include consultations, court appearances, and preparing documents. Be sure to discuss the costs upfront to know what to expect and how to budget accordingly.
Yes, under Minnesota law, a second DUI conviction almost always requires some jail time. The length of the jail sentence depends on the facts of the case and any prior offenses or aggravating factors. While the court retains limited power to change a sentence, it typically assigns jail time, fines, and license restrictions as penalties.
Jail time is generally mandatory for a 2nd DUI, but some legal considerations may impact the sentence. Community service completion or first-time offender status could prompt the judge to consider alternative sentencing options. Every case is unique, and a qualified attorney may be able to review all legal options and offer arguments that could lessen or change the jail component and still operate within the confines of Minnesota law.
The most frequent result of a second DUI is a sentence involving jail time, fines, license restrictions, and attendance in alcohol education or treatment programs. Courts may also impose ignition interlock devices. A sentence depends on case details and prior history but aims to balance punitive measures with public safety.
If you have been charged with a 2nd DUI offense, hire a 2nd offense DUI lawyer with Santana Law, PLLC today. Contact us for a consultation.