3rd Degree DWI/DUI:
3rd 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 one “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 no prior convictions 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;
- was driving with a BAC of 0.16 or more; or
- a child under the age of 16 was in the vehicle at the time of the offense.
If this is your second DWI offense in 10 years, the mandatory minimum sentence is 30 days in jail, 2 of which must be served in custody and the remaining 28 which can be served on electronic home monitoring.
If you are charged with a 3rd Degree DWI/DUI, you will also have your driver’s license revoked for 1 year and your license plates will be impounded. This means that you will have to get special plates (whiskey plates) on your vehicle.
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 file a petition to challenge the revocation within the 30 day deadline you will lose any right you have to challenge your revocation, even if you win your criminal case and 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.