Mandatory Penalties for non-felony DWIs

Mandatory Penalties for non-felony DWIs


169A.275 MANDATORY PENALTIES; NONFELONY VIOLATIONS.

Subdivision 1.Second offense. (a) The court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) within ten years of a qualified prior impaired driving incident to either:

(1) a minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility; or

(2) eight hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility.

Notwithstanding section 609.135 (stay of imposition or execution of sentence), the penalties in this paragraph must be executed, unless the court departs from the mandatory minimum sentence under paragraph (b) or (c).

(b) Prior to sentencing, the prosecutor may file a motion to have a defendant described in paragraph (a) sentenced without regard to the mandatory minimum sentence established by that paragraph. The motion must be accompanied by a statement on the record of the reasons for it. When presented with the prosecutor's motion and if it finds that substantial mitigating factors exist, the court shall sentence the defendant without regard to the mandatory minimum sentence established by paragraph (a).

(c) The court may, on its own motion, sentence a defendant described in paragraph (a) without regard to the mandatory minimum sentence established by that paragraph if it finds that substantial mitigating factors exist and if its sentencing departure is accompanied by a statement on the record of the reasons for it. The court also may sentence the defendant without regard to the mandatory minimum sentence established by paragraph (a) if the defendant is sentenced to probation and ordered to participate in a program established under section 169A.74 (pilot programs of intensive probation for repeat DWI offenders).

(d) When any portion of the sentence required by paragraph (a) is not executed, the court should impose a sentence that is proportional to the extent of the offender's prior criminal and moving traffic violation record. Any sentence required under paragraph (a) must include a mandatory sentence that is not subject to suspension or a stay of imposition or execution, and that includes incarceration for not less than 48 hours or at least 80 hours of community work service.

Subd. 2.Third offense. (a) The court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) within ten years of the first of two qualified prior impaired driving incidents to either:

(1) a minimum of 90 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility; or

(2) a program of intensive supervision of the type described in section 169A.74 (pilot programs of intensive probation for repeat DWI offenders) that requires the person to consecutively serve at least six days in a local correctional facility.

(b) The court may order that the person serve not more than 60 days of the minimum penalty under paragraph (a), clause (1), on home detention or in an intensive probation program described in section 169A.74.

(c) Notwithstanding section 609.135, the penalties in this subdivision must be imposed and executed.

Subd. 3.Fourth offense. (a) Unless the court commits the person to the custody of the commissioner of corrections as provided in section 169A.276 (mandatory penalties; felony violations), the court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) within ten years of the first of three qualified prior impaired driving incidents to either:

(1) a minimum of 180 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74 (pilot programs of intensive probation for repeat DWI offenders) that requires the person to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of 180 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility.

(b) The court may order that the person serve not more than 150 days of the minimum penalty under paragraph (a), clause (1), on home detention or in an intensive probation program described in section 169A.74. Notwithstanding section 609.135, the penalties in this subdivision must be imposed and executed.

Subd. 4.Fifth offense or more. (a) Unless the court commits the person to the custody of the commissioner of corrections as provided in section 169A.276 (mandatory penalties; felony violations), the court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) within ten years of the first of four or more qualified prior impaired driving incidents to either:

(1) a minimum of one year of incarceration, at least 60 days of which must be served consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74 (pilot programs of intensive probation for repeat DWI offenders) that requires the person to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of one year of incarceration, at least 60 days of which must be served consecutively in a local correctional facility.

(b) The court may order that the person serve the remainder of the minimum penalty under paragraph (a), clause (1), on intensive probation using an electronic monitoring system or, if such a system is unavailable, on home detention. Notwithstanding section 609.135, the penalties in this subdivision must be imposed and executed.

Subd. 5.Level of care recommended in chemical use assessment. Unless the court commits the person to the custody of the commissioner of corrections as provided in section 169A.276 (mandatory penalties; felony violations), in addition to other penalties required under this section, the court shall order a person to submit to the level of care recommended in the chemical use assessment conducted under section 169A.70 (alcohol safety program; chemical use assessments) if the person is convicted of violating section 169A.20 (driving while impaired) while having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense or if the violation occurs within ten years of one or more qualified prior impaired driving incidents.

Subd. 6.Definitions. (a) For purposes of this section, the following terms have the meanings given.

(b) "Staggered sentencing" means a sentencing procedure in which the court sentences a person convicted of a gross misdemeanor or felony violation of section 169A.20 (driving while impaired) to an executed sentence of incarceration in a local correctional facility, to be served in equal segments in three or more consecutive years. Before reporting for any subsequent segment of incarceration after the first segment, the offender shall be regularly involved in a structured sobriety group and may bring a motion before the court requesting to have that segment of incarceration stayed. The motion must be brought before the same judge who initially pronounced the sentence. Before bringing the motion, the offender shall participate for 30 days in a remote electronic alcohol-monitoring program under the direction of the person's probation agent. It is within the court's discretion to stay the second or subsequent segment of remote electronic alcohol monitoring or incarceration that has previously been ordered. The court shall consider any alcohol-monitoring results and the recommendation of the probation agent, together with any other factors deemed relevant by the court, in deciding whether to modify the sentence by ordering a stay of the next following segment of remote electronic alcohol monitoring or incarceration that the court had initially ordered to be executed.

(c) When the court stays a segment of incarceration that it has previously ordered to be executed, that portion of the sentence must be added to the total number of days the defendant is subject to serving in custody if the person subsequently violates any of the conditions of that stay of execution.

(d) A structured sobriety group is an organization that has regular meetings focusing on sobriety and includes, but is not limited to, Alcoholics Anonymous.

Subd. 7.Exception. (a) A judge is not required to sentence a person as provided in this section if the judge requires the person as a condition of probation to drive only motor vehicles equipped with an ignition interlock device meeting the standards described in section 171.306.

(b) This subdivision expires July 1, 2011.



This information is not all inclusive, and because of the ever-changing nature of the law, is not guaranteed to be accurate.  This information, as well as additional information, is available on the Minnesota Office of the Revisor of Statutes .  For more information, or a review of your case, please contact Ascheman & Smith for your free review.  Law@AschemanSmith.com 612-217-0077

24 comments (Add your own)

1. wrote:
Excellent post. Keep writing such kind of info on your site.
Im really impressed by your site.
Hi there, You have done an excellent job. I will certainly
digg it and in my view recommend to my friends. I'm sure they'll be benefited
from this site.

Thu, May 9, 2019 @ 1:37 AM

2. wrote:
I was able to find good advice from your content.

Mon, May 13, 2019 @ 12:58 AM

3. wrote:
Thank you for any other informative web site.
The place else may just I get that type of information written in such an ideal way?

I've a project that I'm simply now working on, and I've
been at the look out for such info.

Thu, June 6, 2019 @ 10:18 PM

4. wrote:
Hi! I know this is somewhat off topic but I was wondering which
blog platform are you using for this site? I'm getting tired of Wordpress because I've had
issues with hackers and I'm looking at options for another platform.
I would be great if you could point me in the direction of a good platform.

Sat, September 7, 2019 @ 11:52 AM

5. wrote:
I'm extremely impressed with your writing skills and also
with the layout on your blog. Is this a paid theme or did you modify it yourself?
Anyway keep up the excellent quality writing, it is rare to see a great blog like this one these days.

Wed, October 9, 2019 @ 2:49 AM

6. wrote:
Keep on working, great job!

Fri, October 11, 2019 @ 8:18 AM

7. wrote:
Good day! I could have sworn I've visited this website before but after going through
some of the articles I realized it's new to me.
Nonetheless, I'm certainly delighted I stumbled upon it and I'll be book-marking it
and checking back often!

Mon, October 14, 2019 @ 3:09 AM

8. wrote:
Hey there I am so delighted I found your web site, I really found you by accident, while I was researching on Digg for something else, Anyways I am here now and would just like to
say cheers for a remarkable post and a all round exciting blog (I also love the theme/design), I don’t
have time to read it all at the moment but I have bookmarked it and also added in your RSS feeds, so when I have time I will be back to read more,
Please do keep up the fantastic jo.

Mon, October 14, 2019 @ 3:35 AM

9. wrote:
Do you have a spam issue on this site; I also am
a blogger, and I was curious about your situation; many of us have created some
nice procedures and we are looking to trade strategies
with other folks, be sure to shoot me an e-mail if interested.

Mon, October 14, 2019 @ 8:58 AM

10. wrote:
I need to to thank you for this very good read!!
I certainly enjoyed every bit of it. I have you book-marked to check out new things you post…

Wed, October 16, 2019 @ 6:46 AM

11. wrote:
I enjoy what you guys tend to be up too. This sort of clever
work and exposure! Keep up the excellent works guys I've you guys
to my blogroll.

Thu, October 17, 2019 @ 10:53 PM

12. wrote:
You made some really good points there. I looked on the internet
to learn more about the issue and found most individuals will go along with your views on this website.

Sat, October 19, 2019 @ 4:22 AM

13. wrote:
I like the valuable info you provide in your articles. I will bookmark your weblog
and check again here regularly. I'm quite sure I will learn many new stuff right here!

Good luck for the next!

Mon, October 21, 2019 @ 6:12 AM

14. wrote:
I every time spent my half an hour to read this web
site's articles daily along with a mug of coffee.

Mon, October 21, 2019 @ 6:08 PM

15. wrote:
I must thank you for the efforts you have put in penning this site.

I'm hoping to view the same high-grade content from you later on as
well. In fact, your creative writing abilities has encouraged me
to get my very own website now ;)

Sun, October 27, 2019 @ 7:19 AM

16. wrote:
https://mikewhellans.com/sql-interview-questions-and-answers/ SQL INTERVIEW QUESTIONS

Mon, October 28, 2019 @ 12:35 PM

17. wrote:
https://rickylawson.com/behavioral-interview-questions/ BEHAVIORAL INTERVIEW QUESTIONS

Mon, November 4, 2019 @ 9:54 AM

18. wrote:
Everything is very open with a really clear explanation of the issues.
It was truly informative. Your site is very useful.
Many thanks for sharing!

Thu, November 7, 2019 @ 6:02 AM

19. wrote:
http://monsterfunk.com https://goo.gl/sWyElb https://goo.gl/B7KRiS https://goo.gl/V2Ph99 https://goo.gl/e7tTzq http://wiecznauroda.pl https://goo.gl/xp32lN https://goo.gl/Aj9Tnx http://saw-iso.pl https://goo.gl/43REe7 http://rattanmeble.com.pl http://okna-drzwi.info.pl http://4sch.pl http://mebledokuchni.net.pl https://goo.gl/PMCjpU https://goo.gl/1tTES9 http://bedstock.co.uk http://tanie-meble.com.pl http://wnetrzaikrajobraz.pl https://goo.gl/vA1fce https://goo.gl/B1DUQt http://parasoledoogrodu.pl http://gethotels.pl http://wiecznauroda.pl http://atmlive.pl http://bedstock.co.uk http://datasolutions.com.plIt's one point to stop reading
a publication as well as really feel bad regarding it. It's
another to quit a book and really feel happy with it.

All you have to do is change your way of thinking.
Us senate Bulk Leader Trent Lott 22 Senator Lott, at a party recognizing To replace or replace
(a particular word or phrase) in a written message,
normally to correct an error: Read cavalry" for calvary.".

Fri, November 8, 2019 @ 6:17 PM

20. wrote:
https://mikewhellans.com/sql-interview-questions-and-answers/ SQL INTERVIEW QUESTIONS

Tue, November 12, 2019 @ 8:54 AM

21. wrote:
http://mastermedia.info.pl https://goo.gl/2oTOBD http://stworzwnetrze.com.pl http://merikotka.com https://goo.gl/x1NCBz http://mebledokuchni.net.pl https://goo.gl/3fNP4F https://goo.gl/XOd3rY https://goo.gl/EGczmB https://goo.gl/6C28cc http://kult-tv.co.uk https://goo.gl/hZy261 https://goo.gl/cKZdI9 http://robobat-polska.pl https://goo.gl/GujygD https://goo.gl/aeItkx http://srps-guards.co.uk https://goo.gl/yiMScr http://infowiesci.com.pl http://esencjapiekna.com.pl https://goo.gl/3fNP4F http://luxuryartcinema.pl http://adaptacjawnetrz.pl https://goo.gl/DJeEJw http://orally.info http://imerp.pl https://goo.gl/tk3Sc4 https://goo.gl/ASbMV3 http://wnetrzadesign.com.pl https://goo.gl/c7Tw2Y Requesters need to route their ask for info to the public authority they assume will certainly hold the details.

Tue, November 12, 2019 @ 6:19 PM

22. wrote:
tarot card meanings pdf https://ericsundwall.com/tarot-card-reading-and-meanings/ tarot reading

Wed, November 13, 2019 @ 12:10 PM

23. wrote:
https://Bogazicitente.com/behavioralinterviewquestions871941 http://xsle.net/122st https://huit.re/behavioralinterviewquestions880955 http://Xsle.net/122st http://k.merq.org/interviewquestions916671 http://qr.Garagebrewers.com/r.php?c=bpXs https://huit.re/SQLinterviewquestions902756 https://slimex365.com/11fni https://onlineuniversalwork.com/122c5

Thu, November 14, 2019 @ 12:56 PM

24. wrote:
http://e-halina.pl http://sigmasystem.pl http://018.pl http://eltying.com.pl https://goo.gl/q21lbh https://goo.gl/32fRRC http://hankasa.com.pl http://pokrowiecogrodowy.pl http://study-abroad.pl https://goo.gl/MpU8nr https://goo.gl/exersG http://navisafe.pl

Fri, November 15, 2019 @ 5:03 PM

Add a New Comment


code
 

Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.