If you or a loved one are charged with a third degree DWI, the information below will help you understand the circumstances you’re in. This article contains information specific to third degree DWI offenses, and was written firsthand by the experienced DWI lawyers from our firm.
Minnesota judges and prosecutors consider third degree DWI charges to be serious matters. Third degree DWI cases either involve a refusal to cooperate with testing or an aggravating factor. Convictions carry significant penalties. Sometimes those penalties are mandatory.
What is a Third Degree DWI?
You may be wondering why you’ve been charged with a third degree DWI as opposed to some other degree. There are a number of different factual scenarios that constitute third degree DWI. Each will be detailed below.
Refusal of A Chemical Test
Minnesota Statute Section 169A.26, subd. 1(b) makes refusing a chemical test a third degree DWI offense. It’s important to note that refusing a chemical test with an aggravating factor, or factors present, is a more serious offense than third degree DWI.
Minnesota Statute Section 169A.20, subd. 2 provides further detail about the situations where refusal is a crime. Refusing a chemical test may involve:
- Refusing to provide a breath sample into the DataMaster testing machine after the Minnesota Breath Test Advisory has been read.
- Refusing to provide a urine sample after a search warrant is obtained by the officer, but only if a blood test was also offered.
- Refusing to provide a blood sample after a search warrant is obtained by the officer, but only if a urine test was also offered.
Driving While Impaired with One Aggravating Factor
In addition, Minnesota Statute Section 169A.26, subd. 1(a) makes driving while impaired with one aggravating factor present a third degree DWI offense. What is considered an aggravating factor? Minnesota Statute Section 169A.03, subd. 3, provides that definition. Aggravating factors include:
- A prior DWI or other qualifying offense 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.
To sum it up shortly, a third degree DWI charge can arise from refusing a chemical test or driving while impaired with an aggravating factor. Next, we’ll cover what punishments you may face if convicted of third degree DWI.
Third Degree DWI is a Gross Misdemeanor Criminal Offense
There are four degrees of DWI. A fourth degree DWI is the least serious and is a misdemeanor offense. A first degree DWI is the most serious and is a felony offense.
Minnesota Statute Section 169A.26, subd. 2, places third degree DWI charges as gross misdemeanor criminal offenses. That means a third degree DWI conviction is punishable by up to 364 days in jail and a $3,000.00 fine.
Those are the statutory maximum punishments. It is unlikely that a person will be required to actually serve 364 days in jail or pay a $3,000.00 fine if convicted. However, those punishments are often pronounced for third degree DWI convictions, with portions stayed for the person’s length of probation. The person will not be required to serve or pay the stayed portions as long as they abide by the terms of their probation. A third degree DWI probationary period can range from 0 to 4 years.
The actual amount of jail time the person will be required to serve will depend on the factual circumstances and quality of their defense. The same goes for the amount of the fine that they will actually have to pay. Even with a third degree DWI conviction, it is possible the person will not be required to serve any jail at all, and pay a minimal fine. A lengthy jail sentence and hefty fine is also a possible outcome.
Mandatory Minimum Sentences for some Third Degree DWI Convictions
There are some circumstances that trigger mandatory minimum sentences for third degree DWI convictions. Minnesota Statute Section 169A.275, subd. 1 establishes a mandatory minimum sentence for third degree DWI convictions that arise when a person had a prior DWI conviction within ten years. That statute says the court must require the person to actually serve either of the following:
- A minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility; or
- Eight hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility.
Although not explicitly provided for in the statute’s language, Minnesota courts can allow a person to serve the remainder of the minimum 30 days of incarceration on electronic home monitoring (EHM).
Courts can also depart from the mandatory minimum sentence on its own motion or the prosecutor’s motion. However, a court must find that substantial mitigating factors exist in order to depart from the mandatory minimum.
Driver’s License Revocations and Cancellations
In addition to possible jail time and a fine, a person’s license will also be revoked or cancelled and denied as inimical to public safety if convicted. Whether your license is revoked or cancelled and denied as inimical to public safety will depend on your DWI related driving history. Minnesota Statute Section 169A.54, subd. 1 provides that the revocation or cancellation period can range from 90 days to 6 years for a third degree DWI conviction if a driver does not hold a commercial driver’s license. The disqualification period for a commercial driver’s license can be as long as the person’s lifetime.
There are other considerations that affect a person while DWI charges are pending, such as mandatory conditions of release.
Mandatory Maximum Bail or Release Conditions for Certain Third Degree DWI Offenses
Minnesota Statute Section 169A.44 requires that drivers facing certain third degree offenses face the maximum bail amount of $12,000.00 or strict release conditions that require abstaining from the use of alcohol and submitting to a continuous program of electronic alcohol monitoring. The following third degree cases fall into that category:
- Any third degree offense when the driver is under the age of 19.
- When the driver’s blood alcohol concentration is .16 or more.
- If there is a child under the age of 16 in the vehicle and the driver is more than 36 months older than the child.
- A third degree offense that is committed when the driver’s license has been cancelled and denied as inimical to public safety.
Either option carries a significant expense. Minnesota law also requires the person to pay to use the electronic alcohol monitor to the extent that they are able.
A Quality DWI Lawyer is Important
Third degree charges can have a significant impact on your livelihood, family, freedom, and reputation. Quality legal representation is imperative so that you protect what is most important to you. The experienced DWI lawyers at Lundgren & Johnson can help. They’ve received recognition 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 reach our lawyers at (612) 767-9643.