| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169A.275.1

Statute ID: 8125

Statute Function ID: 5234

Traffic - DWI - Mandatory Penalties for second offense under 169A.20

In Effect

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Penalty

Classifications

Offense Level:

Gross Misdemeanor (GM)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

DWI (JD) (Rank 13)

Detailed Offense Code:

DWI Mandatory Penalties - Second Offense (405.01)

Offense Severity Level:

Function Text:

UCR Code

Description

Flags

Crime of Violence:

Targeted Misdemeanor:

Predatory Offender Registration Review:

Enhanceable:

Certify to DPS:

Report to DNR:

DPS Group:

Conditional Release:

Payable:

Petty Misdemeanor Only if Prosecutor Certifies:

Third Violation Indicator:

Qualified Domestic Violence Related:

Nonviolent Controlled Substance Offender Review:

Wildlife Restitution:

Statute Number:

169A.275.1

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 2000

Expiration Date:

Repealed?:

Summary Text:

Traffic - DWI - Mandatory Penalties for second offense under 169A.20

Statute ID:

8125

Created:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Updated:

Sep 1, 2006 by mnjis.legal.analyst@state.mn.us

Last Update Action:

System

Legal Analyst Comment:

Summary Text:

Traffic - DWI - Mandatory Penalties for second offense under 169A.20

Link to MN Statute Text:

https://www.revisor.leg.state.mn.us/stats/169A/275.html

Legislative Session:

0 - NA

Session Law Text?:

Statute text last updated on:

Sep 1, 2006

(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.