A 4th degree DWI in Minnesota is categorized as a misdemeanor, the lowest level of crime in the state. While petty misdemeanors are technically not considered crimes, misdemeanors, including 4th-degree DWIs, carry penalties. These include a maximum sentence of 90 days in jail, a fine of up to $1,000, or both. Typically, a 4th-degree DWI indicates the absence of prior DWI convictions within the past ten years and no aggravating factors, such as a particularly high blood alcohol concentration (BAC) or the presence of minors in the vehicle.
Why Am I Charged With Two DWIs?
In many cases, individuals charged with a 4th degree DWI may find themselves facing two related charges. These charges usually fall into two categories:
- Per Se DWI – This charge applies when your BAC meets or exceeds the legal limit of 0.08%. In a per se DWI, impairment is not a factor; instead, the charge is based solely on the BAC level. This is often referred to as a “zero-tolerance” or “strict liability” law. Even if you appear unimpaired, a BAC of 0.08% or higher makes you guilty of a 4th-degree DWI.
- Under the Influence DWI – This charge applies when alcohol consumption leads to noticeable impairment in your driving ability. Unlike a per se DWI, this charge does not rely on meeting a specific BAC threshold. Even a BAC below 0.08% could result in an under-the-influence DWI if your ability to drive is demonstrably impaired. For example, someone with a BAC of 0.07% could still face this charge, although these cases can be more challenging for the prosecution to prove in court.
What Other Conduct Qualifies as a 4th Degree DWI?
A 4th-degree DWI charge can stem from several other scenarios, including:
- Driving Under the Influence of a Controlled or Intoxicating Substance – This includes substances like marijuana or even over-the-counter medications that impair your ability to drive. While juries may be hesitant to convict someone solely due to the effects of cough medicine, the law does not preclude such prosecutions.
- Presence of a Schedule I or II Controlled Substance in Your Body – Even without active impairment, the detection of certain substances, such as amphetamines, in your system can lead to a 4th-degree DWI charge under strict liability laws.
- Operating a Commercial Vehicle With a BAC of 0.04% or Higher – For individuals driving commercial vehicles, the per se BAC limit is reduced to 0.04%, reflecting stricter safety standards.
What Does “Within 2 Hours of Driving” Mean for a 4th Degree DWI?
In Minnesota, the legal limit for alcohol concentration must be met within two hours of operating or being in control of a motor vehicle. “Control” is broadly interpreted, meaning you could be charged even if parked or sleeping in the vehicle. If a BAC test is conducted more than two hours after driving, the prosecution may need an expert to estimate your BAC at the time of control. This process can present significant challenges for the state, which experienced attorneys can leverage during negotiations to achieve favorable outcomes.
How Shek Law Can Help
Facing a 4th degree DWI charge in Minnesota can feel overwhelming, but having the right legal representation can make all the difference. Shek Law understands the complexities of DWI cases and works tirelessly to secure the best possible results for clients. Contact us today to discuss your case and start building a defense.
