In Minnesota, a DWI/DUI charge really involves two (2) cases. 

The First Case is what we refer to as the "Criminal Case," which deals with the potential loss of freedom, i.e., jail time, and the financial penalties, i.e., Fines, that may be imposed upon a criminal conviction.   The exact charge depends on a number of factors, including DWI/DUI history.  

The Second Case is what we refer to as the "Civil Case," which deals with the Revocation of a Driver's License/Privilege to Drive and, depending on the exact charge, vehicle forfeiture and/or license plate impoundment.  Effective August 2005, a Blood/Breath Alcohol Content (BAC) of .08 or more results in the automatic Revocation of the privilege to drive/driver's license. (*Note: the BAC limit is different for commercial and under 21 drivers).  The length of the Revocation 

depends on a number of factors, including

DWI/DUI history, BAC results and the age of any passengers in the vehicle subject to the offense.

Both Cases are critical because either a Conviction (in the Criminal Case) or a Revocation (in the Civil Case) can be used to "Enhance" a subsequent DWI/DUI charge.   That is, in Minnesota, each Criminal Conviction or Revocation within ten (10) years of the current Revocation or DWI/DUI charge can be used to increase the Criminal, i.e., make it a Gross-Misdemeanor or Felony, and Civil, i.e., Revocation Time, vehicle forfeiture, plate impoundment, consequences.   Because of the seriousness associated with "Enhancement," it is critical to have competent representation from the start.

*Note:  A total of four (4) or more Convictions or Revocations within a ten (10) year window will result in a Felony DWI Charge, which carries the risk of actual prison time.

In the DWI/DUI Criminal Case, the DWI/

DUI Criminal Charge is Classified by "Degree."  The specific "Degree" or charge will determine what criminal consequences may apply.  In Minnesota, we currently have four (4) DWI/DUI Degrees:

4th Degree DWI/DUI (a/k/a 1st Timer) is a Misdemeanor, which is subject to up to 90 days in jail, a fine of $1,000.00, or both.  Generally, this is charged when there are no prior DWI/DUI Convictions or Revocations within the 10 years prior to the current offense.  

3rd Degree DWI/DUI is a Gross-Misdemeanor, which is subject to up to 1 year in jail, a fine of $3,000.00, or both.  Generally, this is charged when there is a prior DWI/DUI Conviction or Revocation 

within 10 years prior to the current offense, or no priors, but the BAC was .20 or more, or there was an "underage" child in the vehicle, or this offense is charged as a First-Time Refusal to take the test.

2nd Degree DWI/DUI is a Gross-Misdemeanor, which is subject to up to 1 year in jail, a fine of $3,000.00, or both.  Generally, this is charged when there are two or more of the following: prior DWI/DUI Convictions or Revocations within 10 years prior to the current offense, a BAC of .20 or more, an "underage" child in the vehicle, or a Refusal to take the test. 

1st Degree DWI/DUI is a Felony, which is subject to up to 7 years in prison, a fine of $14,000.00, or both.  Generally, this is charged when there are three or more prior DWI/DUI Convictions or Revocations within 10 years prior to the current offense, or a prior Felony DWI/DUI Conviction.

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