Minnesota Felony DWI Sentencing

An In-Depth Look at Sentencing for Felony Impaired Driving Crimes in Minnesota

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In June 2001, Minnesota added a felony-level enhancement to its DWI laws – First-Degree Driving While Impaired – for drivers committing an impaired driving offense who have three prior qualified impaired-driving incidents (convictions or implied consent license revocations) within the preceding ten years, a previous felony Driving While Impaired conviction, or a previous felony conviction for criminal vehicular homicide or injury.

A driver convicted of First-Degree Impaired Driving in Minnesota may face imprisonment for up to seven years, a fine of up to $14,000.00, or both. The driver is also subject to a mandatory penalty of at least three years imprisonment (either stayed or executed, depending on the circumstances).

While the sentencing court may stay execution of the sentence under certain circumstances, it may not stay imposition of the sentence, ensuring that the conviction will always remain a felony on the driver’s criminal record.

Minnesota Sentencing Guidelines for Felony DWI Convictions

Under the Minnesota Sentencing Guidelines, it is presumed that a court will execute a sentence of imprisonment for any driver convicted of First-Degree Impaired Driving who has a criminal history score above two or any driver who has a previous felony impaired driving conviction irrespective of their criminal history score.

Drivers who receive a prison sentence must also be placed on conditional release for five years following their release from prison. If they fail to comply with the conditions of their release during this five-year period, they may have their supervised release revoked and possibly be returned to prison.

The Sentencing Guidelines presume a stayed (non-prison) sentence for those persons convicted of a felony First-Degree Impaired Driving who have a criminal history score of two or lower. In these cases, the sentencing court must apply the mandatory penalties for non-felony impaired driving offenses, which may include a jail term (incarceration in a local jail/workhouse facility), intensive supervision, long-term alcohol monitoring, and chemical dependency treatment. If any conditions are violated, the court may order the stayed sentence to be executed and commit the offender to the commissioner of corrections to serve the remainder of their time in prison.

Continue here for a brief overview of prison sentences for felony impaired driving convictions in Minnesota.

If you find yourself facing Misdemeanor, Gross Misdemeanor, or Felony DWI/OWI charges or are charged with driving after suspension, revocation, or cancellation and need to explore your options for getting your driving privileges restored, our seasoned lawyers can help. Attorneys are available 24-7 — Call us at 612-334-3342.

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