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Will a first time DWI in Minnesota go on my criminal record?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
A Minnesota DWI and has two levels: driving over the .08 limit, and driving while under the influence of alcohol or drugs – the latter does not require that you are over the .08 level. The first offense DWI is a fourth degree misdemeanor unless you have had a prior DWI in the last 10 years; have a passenger in the vehicle 16 or under; tested over .20; or you refused to take any alcohol related test.
Keep in mind that even information on a DWI from another state can count as a previous DWI. Keep in mind also that Minnesota has an implied consent law which means that you are legally required to submit to an alcohol related test to show BAC.
There are several penalties available to the court for your misdemeanor DWI. Furthermore, if you plead guilty or are found guilty of even the first offense; the conviction will be on your driving record for life, and it will also be on your criminal record. If you are not found guilty, you can ask your attorney for assistance in getting the arrest expunged. In addition, because Minnesota shares DWI information with most other states, that DWI can follow you almost anywhere.
If you are facing a DWI in Minnesota, even a first offense, you will need to consult an experienced attorney to help in mounting possible defenses, seeing that your penalties are minimized, and helping with expungement if you are found not guilty.
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