If you have recently been charged with a first-time DWI in Rochester, you are probably wondering what happens next and how to minimize the charge’s impact on your life. A driving while intoxicated (DWI) charge is a serious offense that carries substantial consequences. Fortunately, the legal system offers ways for first-time offenders to defend against the charges and avoid a conviction or mitigate the long-term consequences.
A DWI defense attorney can help advise you on next steps and explain your charges during an initial consultation.
The term DWI stands for driving while impaired. According to Minnesota Statutes § 169A.20, it is illegal for any person to operate a motor vehicle if they are under the influence of alcohol, a controlled substance, or any other intoxicating substance known to cause impairment.
The state defines impairment as having a blood alcohol concentration (BAC) of 0.08 or more. This can vary from person to person and even situation to situation, but most people reach this level after three to four standard drinks.
In addition to alcohol, DWI charges apply to those under the influence of Schedule I or Schedule II drugs, which include the following:
While state laws have changed regarding the legal status of cannabis, someone under the influence of cannabis while operating a motor vehicle can still receive a DWI charge. A Rochester first-time DWI defense attorney can review your case to gain a clearer understanding of your charges and determine the best course of action to avoid a conviction.
A DWI charge is classified by degree, depending on the specific details of the incident. A first-degree offense is the most serious and is typically reserved for repeat offenders and those previously convicted of a felony. A person may be charged with second-degree DWI if multiple aggravating factors are involved in their case, such a test of over .16, prior DWI convictions, test refusal, or a child in the vehicle at the time of the arrest.
Most first-time DWI offenses in Rochester are either third-degree or fourth-degree offenses. A fourth-degree offense means there were no aggravating factors and applies to individuals with a BAC under 0.16. It carries potential penalties of up to 90 days in jail and $1,000 in fines.
A third-degree offense is more serious and is classified as a gross misdemeanor. A person may face this charge if they have a BAC above 0.16 or if there is at least one aggravating factor present. This charge carries higher penalties, including up to 364 days in jail and $3,000 in fines.
There are many ways an experienced attorney in Rochester can help with a first-time DWI offense. A lawyer can ensure that a person’s rights are protected throughout legal proceedings and fiercely advocate on their behalf to get the charges dropped.
An attorney can also negotiate for reduced charges and alternate penalties, including the potential of a diversion program or the use of an ignition interlock device instead of the revocation of all driving privileges. An attorney can work to ensure minimum disruption to a person’s life while they navigate the justice system.
If you are being charged with a first-time DWI in Rochester, you do not have to face it alone. A dedicated attorney from Kohlmeyer Hagen, Law Office Chtd. can review your case and help you explore your legal options. Get in touch with us as soon as possible to begin crafting your defense.
