3rd Degree DWI in Minnesota – All You Need to Know

Being charged with a 3rd Degree DWI in Minnesota is a serious matter that can affect your freedom, finances, and reputation for years to come. A 3rd-degree DWI charge indicates that specific aggravating factors existed when you were arrested, even if it is your second offense or a first aggravated offense. It’s important to understand what this means and what you can do about it if you want to protect your rights and your future.

About Santana Law, PLLC

At Santana Law, PLLC, we believe everyone should have access to a strong, compassionate defense. We’ve been handling DWI, criminal defense, and traffic cases all across Minnesota for years. We understand a DWI charge can be scary, but you don’t have to face it alone.

Attorney Santana approaches every case strategically and personally, fighting to protect your rights, your license, and your future. If you’re facing a 3rd-degree DWI or more serious felony charge, we can help you move forward with confidence. We speak both English and Spanish.

What Is 3rd Degree DWI in Minnesota?

A 3rd-degree DWI under Minnesota DWI laws is a gross misdemeanor, just below a felony. This is charged if a person is charged with driving, operating, or being in control of a motor vehicle while under the influence of alcohol, drugs, or a combination of both, and at least one aggravating factor applies. Among the aggravating factors are:

• Being convicted of drunk driving or having had your driver’s license revoked within the last ten years
• Refusal to submit to a chemical test while under arrest
• Having a blood alcohol content (BAC) of 0.16 or more, which is twice the legal limit

Commercial drivers, people with past convictions, and people who transport minors while intoxicated may also be charged with third-degree DWI.

Minnesota DWI Laws

Minnesota has some of the toughest DWI laws in the nation. For starters, it has an implied consent law, which means that by driving on Minnesota roads, you have automatically consented to submit to a chemical test if a police officer suspects you are impaired. Refusal of that test can result in immediate revocation of your license, along with an automatic 3rd degree DWI charge.

Minnesota Statute §169A establishes four DWI degrees that span from fourth-degree misdemeanor to first-degree felony. The degree of the offense you are charged with depends on prior convictions, BAC, and other aggravating factors. Even a first offense DWI can be a 3rd degree offense under certain conditions.

Third Degree DWI Penalties in Minnesota

One in seven people in Minnesota has had at least one DWI, and 24,324 DWI arrests were made in 2021. 2,228 people were injured in alcohol-related crashes that same year.

In addition to severe fines that frequently amount to several thousand dollars, a third-degree DWI carries a maximum sentence of one year in prison. Penalties, however, differ based on the particulars of each case and whether the driver has prior infractions or aggravating circumstances. Common repercussions could involve:

• Community service or jail time
• Court costs and fines
• Mandatory chemical dependency testing
• Revocation or suspension of a license
• Setting up an ignition interlock device
• Probation with required alcohol testing

Penalties for repeat offenders rise significantly. Prosecutors are frequently less accommodating when negotiating plea agreements, and judges have the authority to impose enhanced probationary periods or mandatory minimum sentences.

Additional Penalties

In addition to criminal consequences, a 3rd-degree DWI can impact virtually every aspect of your life. It may result in increased insurance rates, job loss, particularly if your employment involves driving, and difficulties obtaining professional licenses or housing.

For parents, it can even affect custody agreements, as courts may consider a DWI conviction as evidence of instability. Additionally, the social stigma surrounding multiple or aggravated DWIs can be long-lasting, making it essential to contact a DWI attorney immediately.

Hire a DWI Lawyer

A DWI attorney is a legal professional with experience and knowledge about DWI defense. He or she can represent you in court, plea bargain, negotiate for you, assist with rehabilitation alternatives, and work with the Minnesota Department of Public Safety through the administrative process. Most importantly, your DWI attorney protects you from making statements or taking actions that may be detrimental to your case.

FAQs

What Does a 3rd Degree DWI Mean in Minnesota?

A 3rd Degree DWI in Minnesota is a gross misdemeanor crime, which results when an impaired driver is arrested and has one aggravating factor present. The aggravating factors could include a prior DWI conviction within 10 years, a BAC of 0.16 or higher, or a test refusal. It is a more serious offense than a 4th-degree DWI but less serious than a felony DWI.

Is a 3rd Degree DWI the Worst?

No, a 3rd-degree DWI is not the most serious DWI offense in Minnesota. The state’s DWI offenses range from a 4th degree (least serious) to a 1st degree (most serious). While a 3rd-degree DWI generally indicates the presence of one or more aggravating factors, it does not reach the felony level of DWI as applied to repeat or chronic offenders.

What Is the Difference Between a 2nd and 3rd Degree DWI?

The main difference between a 2nd and 3rd degree DWI in Minnesota is the number of aggravating factors. A 3rd degree DWI has one aggravating factor. A 2nd-degree DWI involves two or more factors, such as a high BAC, a prior conviction, or test refusal. The more aggravating factors there are, the greater the potential penalties are.

Can You Go to Jail for a 3rd Degree DWI in Minnesota?

Yes, a 3rd-degree DWI in Minnesota is a gross misdemeanor and carries the possibility of jail, a fine, and license suspension. Judges typically order some jail time or electronic home monitoring, particularly where there are aggravating factors such as a high BAC or prior conviction. Cases vary, and sentences are based on the facts and the court’s discretion.

Contact Santana Law, PLLC

If you have been charged with a 3rd degree DWI in Minnesota, hire a DWI lawyer right away. Santana Law, PLLC, can help. Contact us today for more information.