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DWI-DUI Minimum Criminal Penalties

MINIMUM PENALTIES
Driving Under the Influence Penalty – DUI First Offense
Mandatory Minimum Penalty: A person convicted of a DUI First Offense (with no aggravating factor) is not required by law to serve any jail time. It is likely that the court will sentence an individual convicted of a DUI first offense to probation for two years and require the individual to submit to a chemical evaluation and follow the recommendations of that evaluation. It is also common that a first-time offender be sentenced to some form of community service or STS (sentence to service). Also, more and more judges are now requiring the convicted person to serve up to 10 days in jail even on a first time offense.
A DUI First Offense can be charged as a gross misdemeanor with much more serious consequences. Driving Under the Influence Penalty – Gross Misdemeanor DUI First Offense (With one aggravating factor): MN DWI Law Statute 169A.20 requires a person charged with Gross Misdemeanor DUI First Offense (with one aggravating factor, i.e., a BAC over .16) to be placed on intensive alcohol monitoring while the case is pending unless the person posts bail in the amount of $12,000. It is not uncommon for a court to require chemical dependency treatment where a person’s blood alcohol content exceeds .16.Driving Under the Influence Penalty – DUI Second Offense

Mandatory Minimum Penalty: Any DUI Second Offense is a gross misdemeanor. MN DWI Law – Statute 169A.20 requires a person convicted of a DUI Second Offense (with no aggravating factor) to serve a minimum of 30 days in jail. It is likely that the court will also sentence an individual convicted of a DUI second offense to probation for two to four years and require the individual to complete chemical dependency treatment and refrain from the use of alcohol subject to random testing.

Driving under the Influence Penalty – DUI Third Offense (One aggravating factor)

Mandatory Minimum Sentence: Minnesota DWI Law Statute 169A.20 requires a person convicted of a DUI Third Offense with one aggravating factor to be sentenced to serve no less than 90 days in jail.