Boating season is in full swing in Minnesota, and if you’re excited to spend some time on the water this summer, we hope you’ll do so with a boat captain who keeps their blood alcohol concentration in check. Boating while intoxicated is incredibly dangerous, and it can lead to serious charges here in Minnesota. Below, we take a closer look at the penalties for boating while intoxicated in Minnesota, and we explain how a BWI can affect your ability to drive a car.
BWI Penalties In Minnesota
Let’s take a quick look at BWI charges and their potential penalties:
Fourth Degree BWI – A fourth degree BWI is what you can expect to face for a run-of-the-mill first offense. It is considered a misdemeanor offense punishable by up to 90 days in jail and fines up to $1,000.
Third Degree BWI – You may face a third degree BWI if you have a previous BWI or DWI on your criminal record within the past 10 years, if you were arrested with a blood alcohol concentration over 0.16, there is a child under the age of 16 on the boat or you refused to submit to chemical testing. A third degree BWI is a gross misdemeanor offense, punishable by up to a year in jail, fines up to $3,000 and at least 80 hours of community service.
Second Degree BWI – A second degree BWI charge is reserved for individuals with at least two previous BWIs or DWIs on their record within the last 10 years, or for those with one previous BWI or DWI on their record with one or more of the previously mentioned aggravating factors. This is also a gross misdemeanor, punishable by up to a year in jail and fines up to $3,000. You will have some minimum time in jail if convicted.
First Degree BWI – Finally, a first degree BWI is the most serious charge. It is considered a felony offense and is reserved for those with three or more DWIs or BWIs on their record within the last 10 years, those with a previous first degree BWI or DWI conviction, or those who have previously been convicted of felony-level vehicular homicide. Those charged with this offense will face up to seven years in prison and fines up to $14,000.
If you are convicted of BWI, you will have your boating license suspended for at least 90 days, and you can’t wait until the winter to start serving that suspension. You will need to serve that suspension between May and October. There’s also a strong possibility that a BWI will result in the loss of your driver’s license, but it’s possible that an individual charged with a fourth degree BWI may be able to avoid this driver’s license suspension. The best way to avoid a boat and vehicle license suspension after a BWI is by connecting with a lawyer who can help you out of the situation.
We hope that you have a great time boating this summer, but if you run into some rough waters, let our team take over the wheel and steer you to safe harbor. For more information on how we can help after a boating while intoxicated charge, or for assistance with a different legal issue, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
