What if I get 3 DUI’s in Minnesota in 10 years?
Driving while impaired (“DWI”), or sometimes referred to as “DUI,” comes with various consequences, including both administrative and criminal. And as with other crimes, the severity of such consequences increase with repeat offenses, which means they are enhanceable crimes.
Administrative consequences are imposed by the Minnesota Department of Public Safety. They are imposed shortly after the DWI/DUI arrest and can apply even if you are never criminally convicted of the charged DWI/DUI.
A third DWI/DUI within ten years can include the following administrative consequences: driver’s license cancelation for three years; license plate impoundment; and vehicle forfeiture.
License cancelation is when your driver’s license is canceled – not revoked. You will be required to participate in the ignition interlock program. Under this program, you will be required to install an ignition interlock device (IID) in your vehicle. This is a breath-test machine that will not allow the vehicle to start until it is blown into.
License plate impoundment involves the removal and surrendering of all vehicle license plates. This order applies to ALL vehicles registered in your name – whether owned jointly or alone. To drive the vehicle(s) again, you must apply for special registration plates – often referred to as “whiskey plates.”
Lastly, forfeiture allows the State to take possession and ownership of your vehicle at the time of the arrest. If you do not challenge or succeed in challenging the forfeiture, the arresting agency may keep your vehicle for its own use or sell it and keep the proceeds.
Criminal consequences are imposed by a judge following a conviction. A third DWI/DUI within 10 years is considered a gross misdemeanor in Minnesota. As a gross misdemeanor, the maximum penalty is one year in jail and a $3,000 fine. However, there is also a mandatory minimum. At a minimum, the judge could impose a 90-day jail sentence. You must also complete a chemical dependency assessment and any recommended treatment ordered by the court.