DUI and DWI

Most people do not know the difference between a DWI and a DUI. A DWI is driving while intoxicated, that means that the county has to show that the driver was legally intoxicated (blood alcohol level of .08). A DUI is driving under the influence and that means that all the prosecutor has to do is that the driver was under the influence of alcohol or drugs.

There are many different types of penalties that a person who is convicted of a DUI/DWI may face. For instance there are minimum penalties in the State of Minnesota. There are four different types of DWI under Minnesota Law.
  1. Fourth Degree: General Misdemeanor, punishable by a $1000 fine and/or 90 days in jail. This is for a first time DWI within 10 years and no aggravating factors.  
  2. Third Degree: Gross Misdemeanor, punishable by a $3000 fine and/or 1 year in jail. This for a second time DWI within 10 years or a first time DWI with an aggravating factor.
  3. Second Degree: Gross Misdemeanor, punishable by a $3000 fine and/or 1 year in jail. This is for a third time DWI within 10 years or second time DWI with 1 aggravating factor or first time DWI with 2 aggravating factor.
  4. First Degree: Felony, punishable by a $14,000 fine and/or 7 years in jail. This is for a 4th DWI within 10 year or other previous DWI felony. This may also by included with a criminal vehicular operation conviction.
Aggravating Factors:
  • Previous conviction for a previous DWI within the last 10 years.
  • Refusal to take a breath, blood or urine test
  • Blood alcohol level above .20 for all DWIs except the first
  • Presence of a minor child (under 16 years old) as long as they are not within 36 months of the driver and not for the first DWI.
Refusing to take a breath, blood or urine test is a test itself. The first test is chosen by the officer but the driver may opt for a different test. Blood and urine tests are conducted at the Bureau of Criminal Apprehension and test results are given in about 10 days.