Drunk driving is always dangerous, but Minnesota punishes drivers more severely if certain aggravating factors are present. One such factor that can lead to an enhanced DWI charge is if there are children in your vehicle at the time you are arrested for DWI. In today’s blog, we take a closer look at the possible penalties you’ll face if you are charged with DWI with children in the vehicle.
DUI With Kids In The Car
Although children are typically considered minors until they turn 18, the state views children a little differently when it comes to DWI charges. Minnesota considers anyone under the age of 16 to be a minor as it pertains to the DWI law, so if you have your 17-year-old son in the vehicle when you are arrested for DWI, their presence in the vehicle doesn’t mean you’ll face increased charges for having a minor in the vehicle. The child needs to be 15 years old or younger to be considered a minor in the eyes of Minnesota’s DWI law.
It’s also worth noting that you can only face this aggravating factor if you are more than 36 months older than the individuals in the vehicle. For example, if a 17-year-old drove drunk with their 15-year-old brother in the vehicle, while they’d be in plenty of trouble, they won’t face an aggravated DWI charge. The reasoning behind this is because someone within three years of your age tends to be considered a peer, whereas adults with a much bigger age gap are often in a position of trust and should be able to make better decisions for any minors they are entrusted to protect.
The type of DWI you’ll be charged with will vary based on the facts of your case. A basic, run-of-the-mill, first-offense DWI with a low BAC will typically result in a fourth-degree DWI charge, which is a misdemeanor punishable by up to 90 days in jail and fines up to $1,000, along with potential license restrictions. If aggravating factors are present, the charge can be upgraded. The three aggravating factors in Minnesota are:
- Having a minor in the vehicle at the time of the arrest.
- Having a BAC over 0.16 (double the legal limit).
- Having a previous DWI conviction within the last 10 years.
If one aggravating factor is present, like if you had your kids in the car at the time of your DWI, you’ll likely face a third-degree DWI charge. This is a gross misdemeanor, punishable by up to a year in jail and fines up to $3,000, along with potential license restrictions.
Second-degree DWIs involve two or more aggravating factors (still a gross misdemeanor), while first-degree DWI is considered a felony-level offense and occurs when someone has three or more DWIs on their record within the last 10 years.
If you are charged with DWI with minors in the vehicle, know that you’ll need a lawyer by your side. Of all the aggravating factors, this is the one that judges look down on the harshest, so while you may not win your case, a lawyer can still help you avoid a worst case scenario in case the judge opts to make an example out of you. We can plead your case, work with the prosecution and either work to get the charges reduced or dropped, or we can help avoid a worst case scenario during sentencing.
If you are arrested for any type of DWI or traffic infraction, consider connecting with a law firm with decades of experience helping clients out of similar situations. For more information, or for a free case review, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
