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Minnesota Criminal Justice Statute Service
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169A.275.3
Statute ID:
8127
Statute Function ID:
5236
Traffic - DWI - Mandatory Penalties for fourth offense under 169A.20
In Effect
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Function Details
History
Text
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- Fourth Offense (405.03)
Offense Severity Level:
Function Text:
UCR Code
Description
Flags
Crime of Violence:
No
Targeted Misdemeanor:
No
Predatory Offender Registration Review:
No
Enhanceable:
No
Certify to DPS:
No
Report to DNR:
No
DPS Group:
No
Conditional Release:
No
Payable:
No
Petty Misdemeanor Only if Prosecutor Certifies:
No
Third Violation Indicator:
No
Qualified Domestic Violence Related:
No
Nonviolent Controlled Substance Offender Review:
No
Wildlife Restitution:
No
Statute Number:
169A.275.3
Enactment Date:
Jan 1, 1859
Effective Date:
Aug 1, 2000
Expiration Date:
Repealed?:
No
Summary Text:
Traffic - DWI - Mandatory Penalties for fourth offense under 169A.20
Statute ID:
8127
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 fourth 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?:
No
Statute text last updated on:
Sep 1, 2006
(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.
