In Lundgren & Johnson’s first three articles from our driving while impaired, Minnesota DWI Lawyer series, we discussed the three non-felony categories of Minnesota driving while impaired (DWI) and driving while under the influence (DUI) charges:
- Misdemeanor 4th degree driving while impaired (DWI)
- Gross misdemeanor 3rd degree driving while impaired (DWI)
- Gross misdemeanor 2nd degree driving while impaired (DWI)
While those three offense levels encompass a variety of factual circumstances, each one has a common requirement that a prosecutor must prove: driving while impaired.
Minnesota driving while impaired and driving while under the influence charges all require that the prosecutor allege a particular defendant was impaired in one of the manners defined by statute.
Further, in order to convict a defendant of DWI or DUI, a prosecutor must then prove that accusation beyond a reasonable doubt.
How is 1st Degree Driving While Impaired Different?
As you probably expect, the requirement that the prosecutor prove that a person was driving while impaired is no different for 1st degree driving while impaired offenses.
The biggest difference between 1st degree driving while impaired and the other offense levels, is that 1st degree driving while impaired is a felony, punishable by prison.
This article will explain 1st degree DWI offenses in detail, including potential consequences in the event of a conviction, release conditions while the case is pending, potential probationary conditions, mandatory conditional release period, and a few of the possible defenses for 1st degree DWI.
The DWI lawyers at Lundgren & Johnson have successfully defended clients against the gambit of driving while impaired defenses, including felony DWI charges.
If you’re facing any level of driving while impaired (DWI) charges, Lundgren & Johnson is an excellent resource for you to obtain information about driving while impaired and to obtain advice from our experienced DWI lawyers. Recently, DWI lawyers David Lundgren and Adam Johnson achieved a jury acquittal for their client accused of felony 1st degree DWI.
Lundgren & Johnson has been recognized for their excellent DWI defense because of their success in defending DWI cases, experience, and dedication to providing the best service to their clients.
Distinctions Between Driving While Impaired and Driving While Under the Influence
For the purposes of this article, we will use the term driving while impaired as an umbrella term for the offenses constituting DWI and DUI (driving while under the influence). If you are interested in the varying distinctions between DWI and DUI, they were explained in in our previous article.
1st Degree Driving While Impaired Offenses
Minnesota Statute Section 169A.24 provides that a person commits a felony first degree driving while impaired offense when they:
- Commit the violation within ten years of the first of three or more qualified prior impaired driving incidents;
- Have previously been convicted of a felony DWI in their lifetime; or
- Have previously been convicted of certain felony criminal vehicular homicide or criminal vehicular operation offenses related to impairment or substances in their lifetime.
Our previous article, Answers to Fourth Degree DWI Questions | Minneapolis DWI Lawyer, describes all of the different ways a driving while impaired offense can be committed.
Mandatory Pretrial Release Conditions
When a person is charged with their fourth or more DWI within 10 years, the court must impose the following conditions, while the case is pending:
- No alcohol use;
- Electronic alcohol monitoring (EAM);
- Impoundment of the registration plates of the vehicle involved, unless already impounded;
- If the vehicle was an off-road recreational vehicle or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;
- A requirement that the person report weekly to a probation agent;
- Random alcohol tests or urine analyses at least weekly;
- A requirement that, if convicted, the person reimburse the court or county for the total cost of these services; and
- Any other conditions of release ordered by the court, including monetary bail.
It is important to note that these mandatory pretrial release conditions can be avoided if the person posts the unconditional bail amount ordered by the court. Unconditional bail is a higher amount of bail that the court orders, where the only condition is to appear in court for all scheduled hearings and keep in contact with the person’s attorney.
1st Degree DWI Penalties
Minnesota Statute Section 169A.24 establishes the penalties for a 1st degree driving while impaired (DWI):
A person who commits first-degree driving while impaired is guilty of a felony and may be sentenced to imprisonment for not more than seven years, or to payment of a fine of not more than $14,000, or both.
Mandatory Penalties for 1st Degree DWI
A person convicted of first degree driving while impaired for their fourth offense within ten years is also subject to the mandatory penalties described in Minnesota Statutes Section 169A.276. Those mandatory penalties include:
- Mandatory prison sentence. The court is required to sentence a person who is convicted of first-degree driving while impaired to imprisonment for not less than three years.
However, the court may stay execution of this mandatory sentence. This means that even though the judge would pronounce a prison sentence, the person would not be sent to prison.
Any stayed prison sentence would have to be at least three years in length. Further, if the court decides to proceed in this fashion, it is required to impose one of the following:
- A minimum of 180 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility (county jail);
- An intensive supervision program as described in section 169A.74, that requires the person to consecutively serve at least six days in a local correctional facility; or
- Complete program of staggered sentencing involving a minimum of 180 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility.
If a person is convicted of five or more offenses within ten years, and is able to avoid an executed prison sentence, the mandatory penalties are even greater:
- A minimum of one year of incarceration, where at least sixty days must be served consecutively in a local correctional facility (county jail);
- An intensive supervision program as described in section 169A.74, that requires the person to consecutively serve at least six days in a local correctional facility; or
- Complete a program of staggered sentencing involving a minimum of one year of incarceration, where at least sixty days must be served consecutively in a local correctional facility.
It is important to note that the Minnesota Sentencing Guidelines creates a presumption of commitment to prison for any repeat felony driving while impaired conviction.
The court can only depart from that presumption if there are substantial and compelling reasons to do so. Even then, it is completely within the judge’s discretion whether to depart or not.
Mandatory Conditional Release
When the court commits a person to prison for first degree DWI, then it is also required to order that the person be placed on conditional release for five years.
Practically speaking, conditional release extends the person’s sentence for five years. It also gives the commissioner of corrections an incredible amount of authority and oversight of the person.
Conditional release allows the commissioner of corrections to impose any conditions that the commissioner deems appropriate including, but not limited to successful completion of an intensive probation program.
If the person fails to comply with any condition of release, they can be required to serve all or part of the remaining portion of the conditional release term in prison.
People placed on conditional release are also required to pay as much of the costs of the supervision as possible.
Long-Term DWI Monitoring
In addition to all of the other penalties, felony DWI convictions often require long-term monitoring, too. Long-term monitoring requires the person participate in a program of electronic alcohol monitoring (EAM) in addition to any other conditions of probation or jail time the court imposes.
In the instances where it is required, the court must order the monitoring for a minimum of 30 consecutive days during each year of the person’s probationary period.
Intensive Supervision Program
Felony DWI convictions routinely result in a requirement of completing an intensive supervision program if the person is not committed to prison. Intensive supervision programs have many conditions and steps that must be completed. Those requirements are detailed more fully in our previous article, Second Degree DWI | Minnesota DWI Lawyer.
The goals of the intensive supervision program are to protect public safety and provide an appropriate sentencing alternative for persons convicted of repeat DWI offenses and are considered to be of high risk to the community.
Additional Consequences for 1st Degree DWI Charges
In addition to all of the potential penalties described above, felony DWI’s also carry severe consequences for a person’s license, license plates, and motor vehicle.
A felony DWI offense will result in license cancellation or disqualification for multiple years. The exact length will depend on the person’s specific circumstances.
It will also require that the license plates for all of the vehicles in their name be impounded.
The motor vehicle that the person was driving at the time of the incident will be forfeited, too.
1st Degree DWI Defenses
There are many defenses to 1st degree DWI charges. Those defenses include, but are not limited to:
- Challenging the basis for the stop of your motor vehicle;
- Challenging the officer’s decision to arrest you for suspicion of DWI;
- Attacking the officer’s administration of any field sobriety tests;
- Questioning the administration of the chemical test, whether it was of your breath, blood, or urine;
- Arguing that your right to speak with an attorney prior to testing was not vindicated;
- Presenting evidence that the test results of your blood alcohol concentration are not reliable;
- In cases where the Minnesota Breath Test Advisory is not accurately read, arguing for suppression of the breath test results on a pretrial basis;
- In cases that rely upon physical control of a motor vehicle as opposed to driving, arguing that the totality of the circumstances do not support a finding that the person was in physical control; and
- Making a pretrial challenge to determine whether the prior incident(s) constitutes a prior impaired driving incident or not.
Acquittal for First Degree Driving While Impaired Charges
The DWI lawyers at Lundgren & Johnson understand that devastating impact 1st degree driving while impaired charges cause on our clients’ lives. For that reason, we leave no stone unturned in defending our DWI clients, especially those charged with felony DWI.
As mentioned above, the attorneys at Lundgren & Johnson recently secured a felony jury trial acquittal in a 1st degree driving while impaired case. In order to accomplish that acquittal, they fought the case for over a year, making many pretrial challenges to evidence and motions to ensure their client would receive a fair trial.
Additionally, our DWI lawyers hired a forensic scientist to testify as an expert witness regarding the chemical test and retrograde extrapolation that was conducted. The lawyers challenged the officer’s administration of the field sobriety tests and the officer’s observations that led her to conclude our client was under the influence of alcohol.
Ultimately, the jury agreed that the blood test that showed our client’s blood alcohol concentration was .093 several hours after he was driving did not prove he was under the influence when he was driving. The jury also agreed that the officer’s observations and administration of the field sobriety tests did not support her conclusion that our client was under the influence.
Most 1st degree DWI charges do not result in jury acquittals. However, if you’re facing felony DWI charges, it is in your best interest to speak with lawyers who are willing and capable to fight the charges on your behalf. Given the life changing consequences of a felony DWI, it makes sense to have experienced lawyers look at all aspects of your case.
Even if an acquittal is not a realistic outcome, experienced DWI lawyers may be able to assist you with a reduced conviction, or reduced sentence. The impact of pretrial release conditions, jail sentences, license and plate impoundment, probationary conditions, may all be lessened depending on the circumstances. In addition, an experienced DWI lawyers will help alleviate your anxiety by navigating you through the system, answering your questions a long the way.
Contact the DWI Lawyers at Lundgren & Johnson for a Free Consultation
Don’t leave your fate in the hands of a prosecutor who does not have your best interests in mind. If you are facing 1st degree driving while impaired charges, contact Adam Johnson or David Lundgren today for a no-cost consultation.
Our lawyers are experienced in defending all levels of DWI. They’ve been recognized as Top 3 DWI lawyers in Minneapolis by Three Best Rated, 24 Best DUI Lawyers in Minneapolis by Expertise.com, 21 Best Minneapolis Criminal Defense Lawyers, Super Lawyers Rising Stars, Top 40 Lawyers under 40 by National Trial Lawyers, Lead Counsel Verified in Criminal Defense and DWI Defense, and have received the Avvo Client’s Choice award for multiple years.