What Factors Would Enhance Or Aggravate A DUI Charge In Minnesota?
Aggravated or enhanced DUI charges in Minnesota are typically caused by one or more common factors. The most common one is having a prior DWI within the past 10 years. Another common factor would be an alcohol concentration of 0.16% or greater. In Minnesota, high is considered as twice the legal limit. If your alcohol limit is more than double the legal limit, that’s going to be considered an aggravated DUI, even if it’s your first offense.
Are There Additional Enhancements Or Punishments For Someone Found To Have A Blood Alcohol Level Double The Legal Limit In Minnesota?
The level of criminal charge changes depending upon the amount of alcohol in your system. If it’s a first offense and less than 0.16%, then it’s going to be a misdemeanor level offense. If it’s the first offense and you are greater than 0.16%, you will be facing a gross misdemeanor level offense, which is punishable by up to a year in jail and up to a $3,000 fine. If you’ve already had a DUI and you are charged with a new DUI, you will be facing mandatory jail time, longer probation, at least a gross misdemeanor offense, and potentially a felony level offense.
How Are Sentencing Penalties Enhanced Due To Injury Or Death Caused By An Accident When Being Charged With a DUI?
If there is an injury or a death caused by an accident while someone is under the influence, the charge likely will change from a DUI to a Criminal Vehicular Homicide or Criminal Vehicular Operation. Depending on the level of injury, Criminal Vehicular Operation may be a gross misdemeanor or a felony level offense. If there is a death involved, then Criminal Vehicular Homicide is a felony level offense that carries a presumptive prison sentence. The penalties change significantly, from probation to prison.
What Happens If Someone Is Charged With A DUI While Having Minors As Passengers In The Car? Can you Face Additional Charges Such As Child Endangerment?
If someone has a minor in the car with them and they are also under the influence of alcohol, they will be charged with a higher level offense. A first offense, instead of being a misdemeanor, will be a gross misdemeanor. They could also potentially face child endangerment as a separate charge and potentially be convicted of both of those offenses.
Is There A Certain Look Back Period For Prior DUI Convictions In Minnesota?
For DUI convictions, there is a 10 year look back period in Minnesota. The only exception to that rule is that if you’ve had a prior felony DWI and you receive another DWI at any point in your lifetime, even beyond the 10 years, that new DWI will also be a felony.
What Is The General Police Protocol If There Has Been An Accident And Police Suspect That Alcohol Is Involved?
Police will conduct a typical DUI investigation, where they will ask for field sobriety tests. They will obtain a search warrant to obtain either a blood or urine sample from the driver to prove that there were alcohol or drugs in the driver’s system. Then, depending on the severity of the accident, there may be a crash reconstruction specialist, who will try to reconstruct what happened to determine who is at fault and whether either party was acting in a negligent manner, aside from just having alcohol in their system. Those are all considerations that will be investigated by law enforcement if there is an accident related to a DUI.
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