Tuesday, November 12, 2013

Minnesota DWIS (Mandatory Sentences)


The laws concerning driving while intoxicated (DWI) are quite strict in the State of Minnesota compared to other places in the nation. If you are convicted of a DWI, the judge has a great deal of discretion as to what your punishment will be. However, if you are a repeat DWI offender --- within a ten year period of an earlier convictions --- there are mandatory minimum sentences required by Minnesota state law that the judge must impose.  However, an experienced Minnesota DWI Attorney can help you avoid the worst of the worst.  

Mandatory DWI Sentences
It should be noted before we continue that in the eyes of the Minnesota DWI law, the term “in custody" can mean jail time, remote electronic alcohol monitoring (REAM) or home detention (EHM). 


The REAM program is primarily designed to keep offenders out of jail so they won’t lose their job. It involves random remote testing of the blood alcohol level through a breath analyzer. EHM is a type of intensive probation.

The following is a summary of the mandatory minimum sentences required for repeat DWI offenders:

Second Offense In a Ten Year Period

  • 30 days incarceration minimum;
  • At least 48 hours of incarceration must be served consecutively in a jail or workhouse; 
  • 8 hours of community service must be added for each day less than 30 days that the convicted person does not spend in jail.
Third Offense In a Ten Year Period

  • 90 days incarceration minimum;
  • At least 30 days of incarceration must be served consecutively in a jail or workhouse

Fourth Offense In a Ten Year Period
  • 180 days incarceration minimum
  • At least 30 days of incarceration must be served consecutively in a jail or workhouse


Even with these limits in mind ... there are ways around them.  Before you go to court, on a Minnesota DWI --- make sure that you have all of the information necessary.  Call the Rolloff Law Office to set up a FREE CONSULTATION - (612) 234-1165.  

1 comment:

  1. This is really interesting! I've wanted to know if you're in a different state, do these DUI offenses add up anywhere in the US? I may need to find a good criminal defense attorney.

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