Minnesota Third and Fourth-Degree DWI

Third-Degree and Fourth-Degree Explained

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Under Minnesota law, the crime of DWI has four degrees – from Felony First-Degree Impaired Driving (the most severe) to Misdemeanor Fourth Degree Impaired Driving (the least severe).

This article will explain the differences between Fourth Degree and Third-Degree impaired driving criminal charges.

Fourth Degree Impaired Driving is considered the ‘core’ Minnesota DWI charge – meaning that that all four degrees contain least one of the following elements:

Proof that a person drove, operated, or was in physical control of a motor vehicle anywhere in the Minnesota while:

• under the influence of alcohol, a controlled substance, or an intoxicating substance, or any combination of these.
  
  
• having an alcohol concentration of .08 or more at the time of or within two hours of driving, operating, or being in physical control of a motor vehicle.
  
  
• having any amount or the metabolites of a schedule I or II controlled substance (other than marijuana) in the body; or
  
  
• for commercial motor vehicles, having an alcohol concentration of .04 or more at the time of driving, operating or being in physical control, or within two hours of doing so.

Difference between Third and Fourth Degree DWI in Minnesota

What separates Fourth Degree from Third Degree is whether an aggravating factor was present at the time of the impaired driving offense. These include:

• a prior impaired driving conviction or license revocation occurring within the past 10 years.
  
  
• having an alcohol concentration of .16 or more as measured at the time or within two hours of driving, operating, or being in physical control of a motor vehicle; and
  
  
• the presence of a person in the motor vehicle who is under the age of 16, and more than 3 years younger than the impaired driver.

The presence of one aggravating factor will increase the severity of an impaired driving charge from a misdemeanor Fourth Degree to a gross misdemeanor Third Degree level offense.

Penalties of third and fourth degree

The maximum criminal penalty for misdemeanor Fourth Degree impaired driving is a $1000.00 fine and/or 90 days in jail, whereas the maximum penalty for gross misdemeanor Third Degree Impaired Driving is a $3000.00 fine and/or 1 year in a local jail/workhouse.

If a person is convicted of a Third-Degree Impaired Driving charge that is based on a second offense occurring within 10 years of a prior qualified impaired driving offense (conviction or license revocation), Minnesota law requires that the court impose a minimum sentence of 30 days of incarceration, at least 48 hours of which must be served in custody, with eight hours of community work service or electronic home monitoring (EHM) allowed for each day less than 30 served.

Also, if a person is convicted of the aggravating factor of having an alcohol concentration of .16 or more, the court can impose a “penalty assessment” of up to $1,000.00 in addition to any fines, fees, or other surcharges.

Finally, the maximum probationary period for persons convicted of Third-Degree Impaired Driving is six years as opposed to two years for those who are convicted of Fourth-Degree Impaired Driving.

If you find yourself facing Third-Degree DWI, Fourth Degree DWI, OWI or any other Impaired Driving charges or license revocation involving a breath, blood 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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