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Felony DUI in Minnesota

Felony DUI in Minnesota

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Home Page > Law > Criminal > Felony DUI in Minnesota

Felony DUI in Minnesota

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Posted: Feb 03, 2011 |Comments: 0
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Felony DWI

Minnesota criminal law defines the term felony to mean any crime for which incarceration of more than one year may be imposed. Under Minnesota’s felony DWI law, a person who commits first-degree DWI is guilty of a felony and may be sentenced to:

imprisonment for not more than seven years or more than seven years if the person has other prior criminal history;
a fine of not more than ,000;
or both.
What Makes a DUI a Felony?

A person is guilty of first-degree DWI if the person violates DWI law:

within ten years of three or more qualified prior impaired driving incidents defined as prior convictions or license revocations for separate impaired driving incidents; or
has previously been convicted of a felony DWI crime; or
has previously been convicted of a felony level crime of criminal vehicular homicide or injury (CVO) involving alcohol or controlled substances.

 

Unlike non-felony DWI crimes, being arrested with a high alcohol concentration (.20 or more)or under circumstances of child endangerment are not defined as aggravating factors for felony DWI; instead, only qualified prior impaired driving incidents and prior convictions for felony CVO are considered.

Minnesota Sentencing for Felony DUI

When sentencing a person for a felony DWI offense, the court:

must impose a sentence to imprisonment for not less than three years; and
may stay execution of this mandatory sentence, but may not stay imposition of this sentence or sentence the person to less than three years imprisonment.

 

A person sentenced to incarceration in prison for felony DWI is not eligible for early release unless the person has successfully completed a chemical dependency treatment program while in prison.

The court must also order that after a felony DWI offender is released from prison, the person must be placed on conditional release for five years, under any conditions that the commissioner of corrections opts to impose, including an intensive probation program for repeat DWI offenders. If the person fails to comply with the conditions of release, the commissioner may revoke it and return the person to prison.

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chris sullivan -
About the Author:

Chris Sullivan is a partner at L&S Law in Minneapolis, Minnesota practicing exclusively in criminal defense.

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Article Tags:
minnesota, dui, felony

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