Anyone who has illegal substances in their system while operating a vehicle could be charged with driving under the influence (DUI). Being charged with a drug DUI can be alarming, and a conviction can mean jail time, costly fines, and a loss of driving privileges. Having a drug DUI on your record can also have long-term consequences, including difficulty securing employment and housing. If you have been charged with this crime, it is essential to speak with a dedicated Rochester drug DUI lawyer.
At Kohlmeyer Hagen, Law Office Chtd., our criminal defense attorneys have over 50 years of criminal law experience. We have the knowledge and resources to effectively defend individuals charged with a drug DUI. Schedule a consultation with our team today to discuss your legal options and begin building a defense.
It is illegal for any person to drive, operate, or be in physical control of a vehicle if they are under the influence of a controlled substance. Controlled substances are considered any substance that is listed as a Schedule I or Schedule II substance. Schedule I substances include, but are not limited to, drugs such as methaqualone, heroin, and LSD, while Schedule II substances include, but are not limited to, drugs such as hydrocodone, oxycodone, and fentanyl.
While Minnesota excludes marijuana and its metabolites from per se drug DUI charges, you can still be charged if you are driving while impaired by marijuana. A Rochester lawyer can review the facts of a drug DUI case and assist in protecting your legal rights.
Having more than one drug DUI conviction within a 10-year period increases the potential penalty for the driver. This is why it is crucial to understand all potential consequences of a drug DUI conviction, which can be explained by an accomplished Rochester attorney.
A fourth-degree drug DUI is considered a misdemeanor offense. The potential penalty is up to a $1,000 fine, up to 90 days in jail, loss of driving privileges for up to 90 days, and probation for up to two years. The court may also require community service hours.
According to Minnesota Statutes § 169A.26, a third-degree drug DUI is classified as a gross misdemeanor. A third-degree drug DUI occurs when there are aggravating circumstances, such as a prior DUI in the previous 10 years or refusing a breathalyzer, blood, or urine test. The court imposes a punishment of up to 364 days in jail with a 30-day minimum sentence. For the latter, the driver must serve a minimum of 48 consecutive hours in jail and may complete the remaining 28 days on house arrest. The court can also impose a fine of up to $3,000, revoke driving privileges for up to two years, and revoke the driver’s license plates. Additionally, the court may order probation for up to six years.
A second-degree drug DUI is a gross misdemeanor offense. A second-degree drug DUI may be charged if the driver has two prior DUIs in the past 10 years or refuses a breathalyzer, blood, or urine test. The punishment for a second-degree drug DUI is a minimum jail sentence of 90 days, with at least 30 days served in jail and the remaining days on house arrest. The maximum sentence is up to 364 days in jail and a fine of up to $3,000. An individual may also lose their driving privileges for up to three years and get their driver’s license plate revoked. The court may also impose probation for up to six years.
A first-degree drug DUI is a felony. It may be charged if the driver has had three or more DUIs in the previous 10 years or a previous felony DUI conviction. The punishment for a first-degree drug DUI includes up to seven years in prison and a fine of up to $14,000. Driving privileges are revoked for at least four years, and the court may revoke the individual’s driver’s license plates.
The more DUIs a person has on their record, the harsher the punishment. A knowledgeable drug DUI lawyer can explain the potential consequences of a drug DUI offense.
Whether you have been charged with your first offense or have been previously convicted, it is vital to have an experienced Rochester drug DUI lawyer on your side. A knowledgeable lawyer can advocate for your legal rights throughout the legal process.
If you are facing a drug DUI charge, our team can assess your case and advocate on your behalf. Get in touch with our team today to begin building your case.
