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Are there mandatory minimum sentences for Minnesota DWI offenses?

Yes! A second DWI offense within a ten year period is subject to a 30 day minimum sentence. Under the DWI sentencing law at least 48 hours of the 30 day sentence must be served in custody (i.e. jail).  The remaining 28 days of the mandatory minimum sentence may be served under an electronic home monitoring program.

A third DWI offense within a ten year period is subject to a 90 day minimum sentence. At least 30 days of the 90 day sentence must be served in custody; the remaining 60 days may be served under an electronic home monitoring program.

A fourth DWI offense within a ten year period is a felony-level offense. A felony sentence of three years in prison must be imposed, but execution of the full sentence may be stayed (i.e. not served) at a judge’s discretion. If a prison sentence is stayed, a judge must order the offender to serve at least 180 days. At least 30 of the 180 days must be served in custody; the remaining 150 days may be served under an electronic home monitoring program.

David Balmer

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David Balmer established the Balmer Law Office with one overriding goal: provide aggressive, high-caliber criminal and DWI defense for good people facing serious charges throughout the state of Minnesota. Read More

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