What are the Mandatory Minimum Sentences for DWI Offenses in Minnesota?
The Minnesota Legislature has mandated that upon conviction for DWI, repeat offenders are subject to the following mandatory minimum criminal penalties:
| Offense |
Mandatory Minimum Penalty |
| Second DWI offense within ten years |
30 days incarceration, at least 48 hours of which must be served in
jail/workhouse, with eight hours community work service for each day less than
30 served.
|
| Third DWI offense within ten years |
90 days incarceration, at least 30 days of which must be served consecutively
in a local jail/workhouse.
|
| Fourth DWI offense within 10 years |
180 days incarceration, at least 30 days of which must be served
consecutively in a local jail/workhouse.
|
| Fifth DWI offense within 10 years |
One year of incarceration, at least 60 days of which must be served
consecutively in a local jail/workhouse.
|
(For the full range of possible criminal and administrative penalties,
see my DWI penalties page.)
For All Repeat Offenders:
The court may order that the person spend the remainder (non custodial
portion) of the mandatory minimum sentence under REAM or on home detention
(EHM).
An Alternative to the Mandatory Minimum Period of Incarceration:
The court may sentence the offender to a program of intensive probation
for repeat DWI offenders that requires the person to consecutively
serve at least six days in jail/workhouse and may order that the remainder
of the minimum sentence be served on home detention.
Long-term Monitoring Required:
Long-term monitoring applies to most third-time DWI offenders and
all those under age 19. When the court stays part or all of a jail
sentence, it must order the offender to submit to REAM for at least
30 days each year of probation.
Felony DWI Penalties:
If a person is convicted of felony DWI and given a stayed prison sentence,
then that person must be sentenced in accordance with the local sentencing
provisions described in this section.
Intermediate Sanctions and Probation:
When sentencing a DWI offender, the court may impose and execute a
sentence to incarcerate, or it may stay imposition or execution of
sentence and:
- order intermediate sanctions without probation; or
- place the person on probation with or without supervision and under
terms the court prescribes, including intermediate sanctions if prescribed.
The term "intermediate sanction" includes (but is not limited
to) jail, electronic home monitoring (EHM), intensive supervision,
sentence to service (work crew), day reporting, chemical dependency
and mental health treatment, restitution, fines, community work service,
restorative justice work, and work service in lieu of fines or restitution.
For DWI convictions, the maximum period of the stay of sentence is:
- two years for a misdemeanor conviction;
- six years for a gross misdemeanor conviction; and
- seven years for felony DWI conviction.
If you are facing a multiple offense charge of DWI in Minnesota, you
need experienced legal counsel to help you. Call me for a free Minnesota
DWI legal consultation at 612-334-3342.
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:dvhazelton@aol.com
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