Question

Will I go to jail for a DWI/DUI in Minnesota?

Ethan P. Meaney

Answered by:
Ethan P. Meaney

Located in Champlin, MN
Meaney & Patrin, P.A.

Ethan P. Meaney - Criminal Defense: DUI/DWI - Super Lawyers

Answered by: Ethan P. Meaney

Meaney & Patrin, P.A.
Champlin, MN
Phone: 612-260-6758
Fax: 763-703-3363

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Answer

The simple answer depends upon how many DWIs you have.  If this is your first offense and your BAC is under .20 then the answer is likely no.  You will probably be looking at a few days of community service or sentence to service. 

If you test at a .20 or higher then the likelihood of some in-custody jail increases.  If you have a prior DWI conviction or alcohol license revocation within the past 10 years before the current offense, then there is a mandatory minimum sentence of 30 days in jail if you are convicted, of which the first 48 hours must be served in-custody and the remaining 28 days can be done on house arrest. 

If you have two prior DWI convictions or alcohol revocations within the past 10 years, then the mandatory minimum sentence jumps up to 90 days in jail if you are convicted, of which the first 30 days must be served in-custody and the remaining 60 days can be done on house arrest. 

If you have three prior DWI convictions or alcohol revocations within the past 10 years then the charge is a felony and quite possibly a minimum of three years in prison if you have enough felony points.  But in most cases the sentence is 180 days in jail with 30 days in custody and 150 days on house arrest.  More than four offenses in a 10-year period of time will likely mean prison time. 

For more information on DWIs and penalties go to this website www.mndwiguys.com or call us 1-800-DWI-GUYS.  We are here to help.  

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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