What is a Fourth Degree DWI?
A Fourth Degree DWI occurs when:
- A person drives while impaired, it is their first offense in their lifetime, and no aggravating factors are present; or
- A person drives while impaired, it is their first offense within the last ten years (although they have a prior, or priors, within their lifetime), no aggravating factors are present, and any prior offenses were not felonies.
What are the Criminal Penalties for Fourth Degree DWI?
A Fourth Degree DWI is a misdemeanor, which means a conviction is punishable by:
- 90 days in jail and/or a $1,000.00 fine.
- The probationary period for a DWI conviction can be as long as two years.
Are there Other Consequences for a Fourth Degree DWI?
The other consequences of a Fourth Degree DWI can include license revocation, disqualification, or cancellation, and plate impoundment.
- The exact consequences depend on many factors, including the person’s prior DWI offenses, their age, the type of vehicle driven at the time, and class of driver’s license.
- The most common consequence is a license revocation for a period of 90 days, that can be reduced to 30 days in many circumstances.
What does DWI mean?
DWI is an acronym for driving while impaired. Driving while impaired includes the following circumstances:
- When a person is under the influence of alcohol.
- When a person is under the influence of a controlled substance.
- When a person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment.
- When a person is under the influence of a combination of any two or more of alcohol, a controlled substance, or an intoxicating substance.
- When a person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of a vehicle or motorboat is 0.08 or more.
- When the vehicle is a commercial motor vehicle and the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more.
- When a person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
Are DWI and DUI the Same?
Many people (and even some lawyers) use the terms DWI and DUI interchangeably. However, there are distinctions between the two terms.
As mentioned above, DWI stands for driving while impaired. DUI is an acronym for driving while under the influence. There are many sub-categories of driving while impaired. In other words, DWI is an umbrella term for the various circumstances that are prohibited by law.
Driving while under the influence (DUI) is relevant in four of those circumstances – the first four described in the answer immediately above this one.
What does DUI mean?
Driving while Under the Influence (DUI) means:
- A person is so affected by alcohol, a controlled substance, an intoxicating substances, or a combination thereof, that the person does not possess that clearness of intellect and control of himself as he otherwise would have.
What Fourth Degree DWI Offenses Do Not Include DUI?
All DUI offenses are DWI’s, but not all DWI’s are DUI’s. There are three categories of DWI’s where the substance’s effect on the person’s clearness of intellect and control of himself does not matter. In other words, it is a DWI even the substance had no effect on the person at all. Those categories are:
- When a person’s blood alcohol concentration (BAC) is .08 more when a non-commercial motor vehicle is involved.
- When a person’s blood alcohol concentration (BAC) is .04 or more when a commercial motor vehicle is involved.
- When there is any amount of a Schedule I or II controlled substance present in the person’s body, other than THC (marijuana).
What Types of Vehicles do DWI Laws Apply to?
- Motor vehicles. Motor vehicle means every vehicle that is self-propelled and every vehicle that is propelled by electric power obtained from overhead trolley wires. The term includes motorboats in operation and off-road recreational vehicles, but does not include a vehicle moved solely by human power.
- Motorboats. Motorboat means a watercraft propelled in any manner by machinery, including watercraft temporarily equipped with detachable motors.
- Snowmobiles. Snowmobile means a self-propelled vehicle originally manufactured and designed for travel on snow or ice steered by skis or runners.
- All-terrain vehicles (ATV). All-terrain vehicle means a motorized vehicle with: (1) three to six low pressure or non-pneumatic tires; (2) a total dry weight of 2,000 pounds or less; and (3) a total width measured from outside of the tire rims that is 65 inches or less.
- Off-highway motorcycle. Off-highway motorcycle means a motorized, off-highway vehicle traveling on two wheels and having a seat or saddle designed to be straddled by the operator and handlebars for steering control, including a vehicle that is registered for highway use if it is also used for off-highway operation on trails or unimproved terrain.
- Off-road vehicle. Off-road vehicle means a motor-driven recreational vehicle capable of cross-country travel on natural terrain without benefit of a road or trail.
Are there Defenses to a Fourth Degree DWI Charge?
Yes, there are many potential defenses to a Fourth Degree DWI charge. Fourth Degree DWI defenses are case and fact specific. A few examples include:
- Post-driving consumption.
- Prescription drug defense.
- Necessity.
- Illegal stop of the vehicle.
- Illegal expansion of the scope of the stop of the vehicle.
- Right to consult with counsel was not vindicated.
- Lack of reliability in the BAC test or testing process.
- Validity of test impacted by mouth alcohol.
- Physical control.
If you are charged with a DWI, you should contact a lawyer to discuss your specific circumstances.
What is an Aggravating Factor?
Minnesota classifies the following circumstances as aggravating factors for DWI offenses:
- A qualified prior impaired driving incident within the ten years immediately preceding the current offense.
- Having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense.
- Having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the driver.
If any of those circumstances are present, the person will be charged with an offense greater than a Fourth Degree DWI.
In addition, if the person refused to provide a test to determine their blood alcohol concentration (BAC), they will be charged with an offense greater than a Fourth Degree DWI.
Is a Warrant Necessary for a Blood or Urine Test?
Under most circumstances, a warrant is necessary. In State v. Thompson, the Minnesota Supreme Court determined that a warrantless urine or blood test would violate the Fourth Amendment to the United States Constitution. Similarly, the Minnesota Supreme Court determined that a warrantless blood test would violate the constitution in State v. Trahan.
However, there are exceptions to every rule. If your blood or urine was taken without a warrant for a Fourth Degree DWI, you should contact a lawyer to discuss your circumstances.
About the DWI Lawyers at Lundgren & Johnson
The DWI Lawyers at Lundgren & Johnson have been recognized as Top 40 Lawyers under 40, Lead Counsel Rated, Super Lawyers Rising Stars, and Three Best Rated for DUI representation for lawyers located in Minneapolis. You can hear directly from our attorneys from the videos on the firm’s YouTube channel.
Lundgren & Johnson is located in Minneapolis, Minnesota, but our lawyers practice statewide. Our DWI defense practice includes cities such as Minneapolis, St. Paul, Stillwater, Glencoe, Buffalo, Shakopee, Hastings, Anoka, Plymouth, Minnetonka, Eden Prairie, Bloomington, Richfield, Maple Grove, Champlin, Brooklyn Park, Brooklyn Center, St. Louis Park, St. Cloud, and Cambridge.
You can reach our lawyers at (612) 767-9643.
