Felony DWI Defense

Estimated reading time: 4 minutes

Is Minnesota’s felony DWI law the answer? Are severe penalties the best solution to alcohol-related auto accidents? We have evidence that says, no. (But what about Ignition Interlock, public transit, and chemical dependency treatment?)

Apart from the public policy question, though, let’s consider a practical one. What should you do after an arrest for Felony DUI in Minnesota? The answer is simple. Retain the best felony DWI attorney you can find.

And Thomas Gallagher is one of the best Minnesota Felony DWI Lawyers. Attorney Thomas Gallagher knows what to do. And he can help you. 612 333-1500.

Minnesota’s Felony DWI Statute is Section 169A.24 “First-degree driving while impaired.” Seven-years is the maximum penalty. Even though judges rarely impose the maximum sentence, penalties can be severe.

When is a DUI a felony?

Minnesota law has three severity levels of crimes. And most DWI charges in Minnesota are misdemeanors, not felonies.

So what makes a DUI charge a felony in Minnesota? The answer is in Minnesota Statutes Section 169A.24, subd. 1:

“A person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents;
(2) has previously been convicted of a felony under this section; or
(3) has previously been convicted of a felony under:”
[criminal vehicular homicide and injury, substance-related]

Minn. Stat. §169A.24, subd. 1

But three or more “qualified prior impaired driving incidents” within ten years is the most common felony DWI charge.

Collateral Attack on Priors

We can look at the priors alleged by the prosecutor. And sometimes we can get a judge to throw them out. If we do, the felony DWI reduces to a non-felony.

This kind of defense is a collateral attack on priors.

Mandatory Minimum sentencing

The DWI Mandatory Minimum sentencing statute, is Minnesota Statutes Section 169A.276 Mandatory penalties; felony violations. And it asks a judge to sentence a minimum of three years prison for felony DWI (first-degree). But, though stringent, it also provides alternatives a judge can order.

So, we seek to avoid the “mandatory minimum,” three-year prison sentence. But to do that, we need to take a proactive approach.

Issues in Felony DWI Defense

Common issues in these Minnesota felony DWI cases include avoiding or mitigating:

1. State prison time (vs. county jail)
2. Pre-trial release; Bail
3. Executed workhouse – jail time
4. Illegal evidence
5. Felony Criminal Record
6. Car Forfeiture
7. Plate Impoundment
8. Detox release
9. Drivers License Cancellations; implied consent, B-Card restrictions

Time is of the Essence

After an arrest for DUI, most are aware of the court date in the criminal case. But many are not aware of the Minnesota drivers license revocation. It becomes final unless challenged in 60 days or less. And that requires serving and filing a Petition for Judicial Review, with the court within that deadline. And this applies to felony DWI cases, too. Of course, Driving After Revocation is also a crime. And that’s another reason to file a court challenge to the administrative “implied consent” license revocation.

DWI Vehicle Forfeitures, are normally administrative. We need to challenge them within 60 days per the statute. And the Minnesota Supreme Court ruled that these deadlines are jurisdictional (no exceptions).

Therefore, a person arrested for DWI should seek legal counsel from a good Minnesota DWI lawyer right away. (So, do not wait until the court date in the DWI criminal case approaches to do so. That may be too late.)

Felony DWI frequently asked questions

Of course, avoid driving after drinking. But if it’s too late for that, and police stop you; then what? See this prevention article:

Countermeasures at a DWI Stop: the Party Question.

The law changes often in this area. So if police ask for a breath, blood or urine sample? Ask to call a lawyer before giving a sample. And be sure to request the phone afterwards. to arrange an “Additional Test” of your own, after their test sample. Or if released, go get a blood test, without delay. For more Minnesota DWI frequently asked questions:

DWI – FAQ.

Question? Call Attorney Thomas Gallagher, 612 333-1500

Are you facing a Minnesota Felony DWI, related license revocation or vehicle forfeiture? Then call Attorney Thomas Gallagher. He can help.

More

Criminal Law Questions | FAQ

Due Process Defense wins DWI & Implied Consent Cases

Careless Driving | Reckless Driving – Charges & Defense

Hit & Run – Leaving the Scene Defense in Minnesota

How to Assert Your Rights: Protect Yourself from Police

Driving After Revocation