Aggravating Factors

A Minnesota DWI is an "enhanceable" offense, meaning that certain aggravating factors make a Minnesota drunk driving offense more serious. Minnesota DUI violations have multiple levels of severity based upon the presence of these aggravating factors. The number of aggravating factors present in any Minnesota DWI offense determines the degree of that particular drunk driving violation.

Minnesota DWI law defines aggravating factors as any one or combination of the following:

• A blood alcohol content of .20 or more
• When a child under the age of 16 is in the motor vehicle at the time of the offense and the child is more than 36 months younger than the offender
• A prior impaired driving incident conviction or alcohol related driver's license revocation that occurred in the ten years directly preceding the current DWI offense.

Any of these factors alone, or in combination, will result in you being charged with a higher "degree" of DWI.

According to Minnesota DWI law, the appropriate level of violation (i.e. "degree") is determined by the presence of aggravating factors. The following chart depicts the DWI degree with corresponding number of aggravating factors needed for that degree.

For example: if it is your first ever DWI, but your blood alcohol content was .21, an aggravating factor, the appropriate charge would be a Third Degree DWI.

Regardless of the degree of your Minnesota DWI charge, Appelman Law Firm, LLC has experienced Minnesota DWI defense attorneys for you to consult with now. Call Appelman Law Firm now and speak to one of our veteran Minnesota DWI defense attorneys to Minnesota DWI defense attorneys to develop a strategy to achieve all of your legal objectives. You may reach one of our criminal defense lawyers at (952) 224 2277, anytime, day or night.