A fourth degree DWI is the most common type of DWI charge in Minnesota, and while it may be the least “serious” of the four degrees of DWI, a conviction can be a life changing event. In today’s blog, we take a closer look at these charges and what you’ll be facing if you end up being charged with fourth degree DWI in Minnesota.
What Constitutes 4th Degree DWI
Under Minnesota law, a person will be charged with fourth degree DWI if:
- They are caught driving under the influence of alcohol, it is their first such offense ever, and there are no aggravating factors present (Learn more about aggravating factors on this page); or
- They are caught driving while impaired, it is their first offense within the last 10 years, no aggravating factors are present and any prior convictions on their criminal history are not felonies.
If aggravating factors are present or you do not fit the qualifications listed above, your charge may be upgraded to third, second or first degree DWI.
Under Minnesota law, a fourth degree DWI is punishable by up to 90 days in jail and a fine up to $1,000. You may also be on extended probation for up to two years once your sentence has concluded. Moreover, a fourth degree DWI charge can result in the revocation, disqualification or cancellation of you driver’s license. The exact consequences will depend on previous traffic offenses, but it’s common for someone convicted of fourth degree DWI to have their license revoked for a period of 30-90 days. Working with a lawyer can usually help you get a revocation period on the shorter side, and they may be able to help you avoid a revocation altogether if they can get the charges dropped.
It’s also important to realize that fourth degree DWI charges are not isolated to a standard motor vehicle. Aside from your average car, truck or minivan, you can also be charged with fourth degree DWI if you’re caught operating any of the following vehicles over the legal limit:
- Commercial trucks and semi-trucks
- Boats
- RVs
- Motorcycles
- ATVs
- Snowmobiles
- Other motorized vehicles whose primary function is transportation
Charged With 4th Degree DWI In Minnesota
As we alluded to above, if you are charged with fourth degree DWI in Minnesota, one of the first things you should do is contact a criminal defense lawyer in your area. This is one of the most common charges that Avery and his team defend against, and while no two DWI cases are the same, we are very familiar with how these cases tend to play out and how we can put forth the best defense for our client.
Whether that involves challenging the traffic stop, the evidence collection or the police officer’s version of events, you can trust us to find the best way to put you in a good light with the judge or jury. Don’t just plead guilty and hope for the best, because odds are you will face stiff fines and lose your license, and you may even spend time in jail. Let us help you save money by helping to get the charges reduced or dropped.
For more information, or for help with your fourth degree DWI case, reach out to Avery and the team at Appelman Law Firm today.
