Minnesota takes DWI offenses seriously. However, certain circumstances can make these charges even more severe. Aggravating factors can elevate a standard DWI to a higher-level offense with harsher penalties. Knowing what these factors are and how they affect sentencing is essential for anyone facing impaired driving charges.
Understanding aggravating factors
An aggravating factor is any circumstance that makes a DWI offense more serious in the eyes of the law. Common aggravating factors include:
- Having a blood alcohol concentration (BAC) of 0.16 or higher
- Refusing to take a chemical test
- Having a child under 16 in the vehicle
- Having prior DWI convictions within the past ten years
Aggravating factors can elevate charges from a misdemeanor to a gross misdemeanor or felony. For instance, a first-time DWI is typically a fourth-degree offense. However, if your BAC was twice the legal limit, the penalties become substantially more severe.
How penalties escalate
The presence of aggravating factors directly impacts sentencing. A standard first-offense DWI might result in up to 90 days in jail and fines up to $1,000. When aggravating factors are present, jail time can extend to one year. Fines can also reach $3,000.
Multiple aggravating factors compound the problem. A second or third DWI within ten years is classified as a gross misdemeanor. A fourth offense within that 10-year timeframe elevates to a first-degree felony charge. This carries a potential prison time of up to seven years and fines up to $14,000.
License revocation periods also increase. While a standard first offense might result in a 90-day revocation, aggravating factors can extend this to one year or longer.
Facing DWI charges in Minnesota
Every DWI case carries serious penalties. However, aggravating factors can add layers of complexity. The circumstances of your case can influence the charges and penalties you face. Knowing what qualifies as an aggravating factor can help you understand the potential consequences.