Drunk driving is a serious charge that carries significant penalties, and many individuals who are convicted of DUI end up changing their habits and avoiding a subsequent run in with the law. However, there are a number of people that have trouble appropriately managing their alcohol intake and in turn get back behind the wheel when they shouldn’t. It’s not uncommon for individuals to rack up multiple DUI convictions, but there’s a big jump in penalties when a person is convicted of their third DUI. In today’s blog, we take a look at third DUI penalties in Minnesota.
Third DUI In Minnesota
It’s important to realize that you can receive a DUI on a number of different vehicles. Being found under the influence while you’re piloting a boat or driving your ATV will result in the same type of DUI charge you’d face in a vehicle, so it’s easy to understand how some people can end up with multiple DUIs on their record. In Minnesota, DUIs are classified by how many you have within a 10-year period. So if you received a DUI in 2001 and again in 2020, both of those would be treated as first offense drunk driving charges. To face a third offense charge, all three arrests must take place within a 10-year span.
As you might have guessed, the penalties for a third DUI offense are severe. We’ll start with the criminal penalties. A third offense DUI is considered a gross misdemeanor, punishable by up to one year in jail and fines up to $3,000, but there’s more to this than meets the eye. Third offenses carry a minimum of a 90-day sentence and mandatory completion of a chemical dependency assessment. Those charged with third offense DUI must remain in jail until their court appearance, and once bail is set, they may only be released by making bail and by agreeing to abstain from alcohol and submit to electronic alcohol monitoring.
Then come the administrative penalties. If you are arrested for a third offense DUI, the administrative penalties may include:
- Driver’s license cancellation for three years
- Plate impoundment
- Potential vehicle vorfeiture
First and second DUIs can result in license revocation, but a third offense can lead to cancellation, which means you’ll have more hoops to jump through if you ever want to legally drive again. If you’re interested in legally driving later in life, expect to use an ignition interlock device for a while. When it comes to plate impoundment, know that all vehicles registered solely or jointly in your name will be impounded, which will obviously cause problems if family members use cars that are in your name. Finally, your vehicle may be seized by the arresting agency. If the prosecutor decides to move forward with the forfeiture, you’ll need to contest the forfeiture in court or the vehicle will become property of the arresting agency to do with as they please.
Needless to say, a third offense DUI can cost you a lot of money and convenience in the form of a lost driver’s license and potentially your vehicle. If you’re facing a third DUI, you need to reach out to a lawyer and put on the best defense. Even a plea deal can help prevent more serious penalties from being imposed, so it’s imperative that you have a lawyer by your side. To learn more about your defense and plea options, reach out to Avery and the team at Appelman Law Firm today.
