DWI charges in Minnesota can be upgraded based on certain factors that are present at the time of your arrest. These are considered aggravating factors, and the more factors that are present, the more severe your DWI charge will be. One aggravating factor that can lead to upgraded DWI charges is the presence of a minor in the vehicle at the time of the arrest. In today’s blog, we take a closer look at what happens if there is a child in your vehicle at the time of your Minnesota DWI arrest.
Child In The Car During DWI
As we mentioned in the introduction, having a child in the vehicle at the time of your DWI arrest would be considered an aggravating factor. The two other aggravating factors that can led to an upgraded DWI charge are:
- Having a BAC over 0.16 (twice the legal limit)
- Having a previous DWI conviction within the last 10 years
In the eyes of Minnesota DWI law, an individual is considered a child if they are under the age of 16 years old. That means you will not face additional charges if your 16-, 17- or 18-year-old son is in the vehicle with you at the time of your DWI, but if they are even a day short of their sixteenth birthday, you will be hit with an aggravating factor.
The amount of aggravating factors present at the time of your DWI stop will determine what type of criminal charge you’ll face. A standard DWI with no aggravating factors is considered a Fourth Degree DWI, and is a misdemeanor offense. If one aggravating factor is present, you’ll be charged with Third Degree DWI, which is considered a gross misdemeanor offense. If two aggravating factors are present, you’ll be charged with Second Degree DWI, which is also considered a gross misdemeanor offense. If all three factors are present, you’ll be hit with a First Degree DWI, which is a felony-level offense.
So if a child is in the vehicle at the time of your DWI arrest, you’ll likely be charged with a Second or Third Degree DWI and a gross misdemeanor. A gross misdemeanor is punishable by up to a year in jail and fines up to $3,000. You’ll also likely lose your driver’s license for an extended period of time, and this action could impact your child custody agreement in the event that you share custody with the child’s mother or father.
As you can see, a DWI with a child in the car is a very serious matter that can result in heavy consequences, so make sure that you make smart decisions every time you get behind the wheel. And if you need legal help in the event that you’ve been charged with any type of DWI or similar driving infraction, pick up the phone and reach out to Avery and the team at Appelman Law Firm. We’ll be happy to help defend you in court and ensure you avoid a worst case scenario.
For more information, or for help with a criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
