2nd Degree DWI/DUI:
2nd Degree DWI/DUI is a gross misdemeanor offense and is punishable up to 365 days in jail and/or $3,000 fine. It is charged when a person has two “prior impaired driving conviction” or “prior impaired driving-related loss of license” and was 1) driving under the influence of alcohol or a controlled substance; or 2) driving with a BAC (blood alcohol concentration) of over 0.08; or when a person has one prior conviction but one of the following enhancements applies:
- refused to take a chemical test to determine their BAC after being read Minnesota’s Implied Consent Advisory or 2) one of the following enhancement applies to the case
- was driving with a BAC of 0.20 or more; or
- a child under the age of 16 was in the vehicle at the time of the offense.
If this is your third DWI offense in 10 years, the mandatory minimum sentence is 90 days in jail, 30 of which must be served in custody and the remaining 60 which can be served on electronic home monitoring.
If you are charged with a 2nd Degree DWI/DUI, you will also have your license revoked for at least 3 years, your license plates will be impounded, and it is possible that your car will be seized and potentially forfeited. This means that you will have to get special plates (whiskey plates) on your vehicle and the arresting agency may keep your vehicle until the forfeiture is determined.
The only way to drive is to participate in the ignition interlock program.
You have 30 days from the date of receiving the Notice of Revocation to file a petition to challenge the revocation of your license. If you do not challenge the revocation, you will automatically have an “impaired driving conviction” that can be used to enhance future DWI/DUI offenses. If you challenge your driver’s license revocation, you will be able to have a hearing and a judge will determine whether the Commission of Public Safety had cause to revoke your license. In some counties, you may be able to get your license back while your criminal and revocation cases are pending.
For the seizure and potential forfeit of your vehicle, you have 60 days to challenge the forfeiture. If this is your third DWI offense in 10 years, you must challenge you driver’s license revocation and your forfeiture. If you do not challenge your driver’s license revocation the “driving-related loss of license” can be used by the State to substantiate the forfeiture of your vehicle. If you do not challenge the forfeiture within the 60 days, you will lose any right to challenge the forfeiture, even if you win your criminal case.