Second DWI

Twin Cities Area Second DWI Defense Lawyer

Under Minnesota law, a second charge for a DWI within a 10-year period of a previous conviction date is treated differently from the first offense. With these charges, the criminal penalties are much harsher and the administrative penalties can have a longer-lasting effect.

A driver could face losing his or her driving privileges or having harsh restrictions placed on their license. In some cases, drivers could be required to forfeit their vehicle. If you have been charged with a second DWI offense, understanding the charges you face and how you can fight them are important in protecting your future.

Apple Valley Second DWI Defense Attorney

If you are facing charges for a second DWI offense, contact skilled and experienced legal counsel. Apple Valley DWI defense lawyer James Blumberg can help you understand the charges you face and work with you to get a favorable outcome in your case.

Blumberg is a former prosecutor who handled a variety of cases throughout Dakota County. His personal insight into the other side of the law can be beneficial when crafting a strong and solid defense against DWI charges. He is willing to work one-on-one with clients to ensure their rights are represented.

Call (952) 431-7758 to schedule a free consultation today. James Blumberg Law represents clients throughout Dakota County, including Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount, as well as anywhere in the Minneapolis-St. Paul region, including Hennepin County, Ramsey County and Anoka County.

Information About Second DWI Charges

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Penalties for a Second DWI

Penalties for drunk driving offenses vary based on the specific circumstances of each case and the number of aggravating factors present. Aggravating factors can include the person’s history of DWI convictions, the driver’s alcohol concentration and whether a child was present in the vehicle during the offense. The more factors present, the more severe the charges.

If a person is arrested for his or her second DWI offense, because he or she already has a DWI charge, the second offense automatically has one aggravating factor. This means the offense would be a third-degree DWI and a gross misdemeanor, according to Minnesota Statute 169A.26.

If a person has an alcohol concentration level greater than 0.20 during his or her second DWI arrest, the two aggravating factors would make the charge a second-degree DWI. This also is a gross misdemeanor, which is punishable by one year in jail, a $3,000 fine or both. Additional administrative penalties could be enforced.

If a person is convicted of a second DWI within 10 years of his or her previous DWI conviction date, the court can sentence the driver to a minimum of 30 days of incarceration, with at least 48 hours being served in a local correctional facility.

Instead, the driver could be sentenced to eight hours of community service work for each day less than 30 days that the person is ordered to serve in a local correctional facility, according to Minnesota Statute 169A.275.

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Driving Privileges after a Second DWI

As with other DWI charges, a second DWI offense carries administrative penalties in addition to criminal penalties. These administrative penalties are harsher if there are more aggravating factors present during the offense.

According to the Minnesota Department of Public Safety, when a person is arrested for his or her second DWI offense with an alcohol concentration less than 0.16, he or she could face one year of no driving privileges or one year of an ignition interlock and a restricted license. His or her license plates also could be impounded.

If the driver’s alcohol concentration was 0.16 or greater, there could be two years of no driving privileges or two years of an ignition interlock and a restricted license. His or her license plates could be impounded as well.

If a child was in the vehicle, the punishment would depend on the driver’s alcohol concentration level. For instance, if the driver had a concentration of 0.18, he or she would face the two years of losing driving privileges.

Drivers who refuse to submit to a chemical test also could face administrative penalties. This could include one year of no driving privileges or one year of an ignition interlock device.

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Defenses to a Second DWI Charge

Being charged with a DWI does not have to mean a conviction. When a person is accused of drunk driving, he or she has the option to fight the charges. There could be solid defenses available to a person after a second DWI charge.

It is important to note that a charge would be considered a second DWI if it occurs within 10 years from the date of a person’s previous DWI conviction. If the offense occurs after the 10-year mark, it likely should not be considered a second DWI offense. This could mean reduced charges and penalties.

According to Minnesota Statute 169A.46, if proven by a preponderance of the evidence, it is an affirmative defense to a DWI charge that the defendant used a controlled substance according to the terms of the prescription issued for that person.

For example, if a person is arrested and accused of driving under the influence of a prescription medication, a skilled defense attorney could argue the driver followed the instructions provided with the valid prescription. However, this may not be a valid defense in all situations.

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James Blumberg Law –  DWI Defense Lawyer for a Second Offense in Dakota County

Working as a former prosecutor has given James Blumberg the experience and inside knowledge he needs to help clients get favorable outcomes in their cases. If you face a DWI charge in Apple Valley or the surrounding areas, contact Dakota County DWI defense attorney James Blumberg at (952) 431-7758. It is never too early to begin defending yourself against criminal charges.