In some cases, the prosecution will file a motion asking the court for an aggravated (upward) sentencing departure. This means the prosecutor is asking the court to sentence you to a more severe prison sentence than what your offense calls for in the Minnesota Sentencing Guidelines. Any departure, mitigated or aggravated, is asking the court…

In Minnesota, furnishing tobacco to a minor (person under 21 years old) is a petty misdemeanor for a first offense. A second offense or more within five years is a misdemeanor offense. Misdemeanors have a maximum punishment of up to ninety days in jail and a $1,000 fine. Importantly, Tobacco 21 is a law that…

In Minnesota, furnishing alcohol to a minor (person under 21 years old) is a gross misdemeanor offense. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. It is very uncommon, however, for anyone to actually serve the maximum punishment on this type of offense. The person furnishing…

In Minnesota, what constitutes underage age drinking and driving? Seems simple enough. If you are under the age of 21, you drink alcohol, and you drive. Then, that is illegal, correct? The short answer is yes. Do not drink any alcohol and then drive a motor vehicle if you are under the age of 21….

First Degree DWI is a felony level offense in Minnesota. It does not get higher than that for a DWI in Minnesota. For a first-time felony DWI in Minnesota, the maximum punishment is up to seven years in prison and a $14,000 fine. A first-time felony DWI in Minnesota does not mean a person will…

Second Degree DWI is a gross misdemeanor level offense in Minnesota. This level of offense carries a maximum punishment of up to one year in jail and a $3,000 fine. Second Degree DWI is the second most severe level of DWI in Minnesota. First Degree DWI is the only more serious DWI and is a…

Third Degree DWI in Minnesota is a gross misdemeanor level offense. Gross misdemeanors have a maximum punishment of up to one year in jail and a $3,000 fine. Third Degree DWI is neither the most severe, nor least severe DWI. First Degree DWI is the most serious in Minnesota, which is a felony level offense….

Fourth Degree DWI in Minnesota is a misdemeanor offense. While misdemeanors have a maximum punishment of up to ninety days in jail and a $1,000 fine, Fourth Degree DWI is the lowest level of DWI in Minnesota. First Degree DWI is the most severe as a felony. Second and Third Degree DWI are gross misdemeanor…

In criminal cases, restitution may be awarded to the victim(s) when deemed appropriate by the court. The criteria for determining whether restitution is appropriate and if so, what amount, varies from state to state. In Minnesota, the statute lists two factors the court uses to decide whether restitution should be awarded, and the amount: (1)…

Short answer: forever. Longer answer: for insurance purposes it may be shorter. If you get an expungement of your Minnesota DWI, then it can be on your record for less time. For enhancement purposes, it is a ten-year time frame in Minnesota. Every insurance company is different. How the company treats even one DWI can…

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