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2006 DWI(Driving While Impaired)
CHARGING AND SENTENCING TABLE
(Amended March 13, 2006)
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-
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Offense Facts
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Prior DWI's (past 10 yrs.)
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Offense - S169A.20 and:
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Minimum Sentencing Requirements §169A.275
through §169A.277
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Mand. Bail/C.R. §169A.44 , §169A.40
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Forf. Veh.? §169A.63
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Imp. Plates? §169A.60
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1
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.08
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None
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4th degree DWI §169A.27
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None
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No
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No
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No
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2
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.08
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One
(2"' offense)
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3rd degree
DWI §169A.26
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30 d. jail (48 hrs. consecutive)
or 80 hrs. community service
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No
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No
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Yes
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3
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.20
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None
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3rd degree
DWI §169A.26
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None
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Yes
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No
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Yes
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4
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.20
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One
(2"d offense)
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2nd degree DWI §169A.25
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30d.jail (48hrs.consecutive)
or 80 hrs. community service
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Yes
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Yes
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Yes
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5
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.20 wi child
endangerment
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None
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2nd degree DWI §169A.25
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None
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Yes
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Yes
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Yes
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6
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.08 w/child
endangerment
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None
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3rd degree DWI §169A.26
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None
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Yes
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No
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Yes
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7
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.08 w/child
endangerment
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One
(2"d offense)
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2nd degree DWI §169A.25
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30d.jail (48 hrs. consecutive)
or 80 hrs. community service
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Yes
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Yes
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Yes
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8
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.08
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Two
(3rd offense)
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2nd degree DWI §169A.25
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90 d. jail (30 d. consec. or intens.
superv. w/6 d.consec. jail), electronic alcohol monitoring
30 d. consec. each yr. on probation
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Yes
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Yes
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Yes
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9
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.08
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Three
(4th offense or any prior felony own
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Ist degree DWI §169A.24
(felony)
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3 yrs prison - stay exec.; 180 d.
jail (30 d. consec. or intens. superv. w/6 d. consec.
jail), electronic alcohol
monitoring 30 d. consec. each vf. on probation
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Yes + weeklyreporting
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Yes
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Yes
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10
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.08
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Four
(5th offense)
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Ist degree DWI §169A.24
-(felony)
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3 yrs prison - stay exec.; 365 d.
jail (60 d. consec. or intens. superv. w/ 6 d. consec.
jail), electronic alcohol monitoring 30 d. consec. each
yr. on probation
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Yes + weekly
reporting
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Yes
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Yes
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11
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Refusal
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None
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3rd degree DWI
§169A.26
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None
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No
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No
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No
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12
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Refusal
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One
(2nd offense)
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2nd degree DWI 169A.25
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30 d. jail (48 hrs consec.) or 80
hrs community service
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Yes
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Yes
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Yes
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13
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*Refusal w/child endangerment
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None
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3rd degree
DWI 169A.26
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None
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Yes
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*'No
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Yes
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14
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.08
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None, but Cancelled
IPS
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4th degree DWI
§169A.27
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Electronic alcohol monitoring 30 d.
consec. each yr. on
probation, if cancelled IPS
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Yes
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Yes
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Yes
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15
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.08 under age 19
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One
(2nd offense)
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3rd degree
DWI §169A.26
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30 d.jail (48 hrs. consecutive) or
80 hrs community service, electronic alcohol monitoring
30 d. consec. each yr. on probation
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Yes
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No
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Yes
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Note: *Line 13 - assumes the child
endangerment factor was not "present when the violation
was committed" (the time of the refusal). "Prior
DWI" means an impaired driving conviction (includes juvenile
DWI adjudications) or impaired driving loss of license (§169A.03,
subd. 20,21). Maximum probation terms are 7 years for a felony,
6 years for a gross misdemeanor and 2 years for a misdemeanor
DWI (§609.135, subd. 2). Aggravating factors include
substance related C.V.O. convictions or revocations. 1st degree
offenses require 3 prior impaired driving incidents within
10 years or any prior felony conviction under this statute.
5 year mandatory conditional release following prison. 2003
amendments make 1st offense DWI refusals 3rd degree, and underage
drinking & driving no longer an "aggravating factor".
Prepared by Paul Baertschi, Tallen & Baertschi,
Minneapolis, Minnesota -
Duplication permitted - Revised 8/27/03
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