One of the most common concerns that we field from clients during the intake process is whether or not they will likely have to spend time in jail in the event they are convicted for driving while intoxicated. We understand that having to spend some time in jail could be a major issue for you and your family, which is why we do everything in our power to help you avoid this outcome. But what is the likelihood that you’ll be sentenced to jail time after a DWI? We answer that question and more in today’s blog.
Will I Be Sentenced To Jail For My DWI?
We’ll shine a light on some of the common sentencing procedures for DWIs below, but know that every case is different and will be evaluated on an individual basis. We can’t sit here and say that you absolutely will or won’t be sentenced to a specific amount of jail time, but we will cover what is typically handed down after a DWI conviction in Minnesota.
First Time DWI – If this is your first DWI conviction or your first conviction within the last 10 years, you’ll likely be charged with a misdemeanor offense unless aggravating factors are present (like having kids in the car or a BAC over twice the legal limit). In these instances, you can face up to 90 days in jail if convicted, but the vast majority of people will not spend time in jail outside of their initial hold at the police station. It is much more common that any jail time would be converted to community service. You may need to perform 100 hours of community service after a conviction, but it’s extremely unlikely more jail time would be handed down.
Subsequent DWIs – If you’ve already been convicted of a DWI, or aggravating factors were present, there’s a possibility that you will face some jail time. A conviction for these types of DWIs carry mandatory minimum sentences, but know that this also doesn’t mean that you will certainly spend time in jail. We’ll touch on that after we look at the mandatory minimum sentences:
Second offense or first offense with aggravating factors – A minimum of 30 days in jail
Third offense – A minimum of 90 days in jail
Fourth offense – A minimum of 180 days in jail
Fifth and beyond – A minimum of a year in jail
However, as we noted above, these aren’t always guaranteed. Judges have the ability to substitute some or all of a sentence with public service, or with some sentencing flexibility (like serving your sentence on the weekends over the course of a year, for example).
If you’re worried about spending time in jail, the single best thing you can do for your case is to contact a criminal defense attorney. They can help keep you out of jail in a number of ways, including:
- Winning your case outright
- Negotiating a plea deal that avoids jail time
- Making a strong argument during sentencing for alternatives to a jail sentence
So if you want to do everything in your power to avoid jail time after a DWI arrest, make sure that you connect with one of the best criminal defense firms in the greater Twin Cities area. For more information, or for help with a different criminal case, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
