Not all allegations of drunk driving are the same. Some can come with much more serious consequences than others. Minnesota takes driving while impaired (DWI) seriously, with the law distinguishing sharply between regular DWI and felony DWI.
What constitutes a felony DWI?
A DWI in Minnesota escalates to a felony under certain conditions, markedly differentiating it from a regular DWI based on the severity and the circumstances. Two key distinctions include:
- Number of offenses: For a felony DWI, the police look for prior convictions, the presence of aggravating factors, and evidence of harm or potential harm to others. A fourth DWI offense within ten years is automatically classified as a felony.
- Bodily harm: Causing substantial bodily harm while driving impaired can also elevate the charge to a felony level.
While regular DWI might result in short-term jail time, fines, or license suspension, a felony DWI can lead to severe consequences, including longer imprisonment, larger fines, and extended or permanent loss of driver’s license.
What are effective defense strategies?
For those charged with a DWI in Minnesota, whether regular or felony, certain defense strategies that may help can include:
- Challenge the stop: Arguing that the initial traffic stop was unlawful can be a powerful defense.
- Question testing procedures: Highlighting flaws in the breath, blood, or urine testing process may undermine the prosecution’s case.
- Negotiate plea deals: Especially in cases where the evidence is not overwhelmingly against the defendant, it can be beneficial to negotiate a plea for lesser charges.
The difference between facing a regular or a felony DWI in Minnesota is substantial. Understanding these distinctions and preparing an effective defense strategy is an important step towards maintaining innocence when facing these allegations.