| Minnesota Criminal Justice Statute Service | Bureau of Criminal Apprehension

169A.275.4

Statute ID: 9171

Statute Function ID: 5837

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

In Effect

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Penalty

Classifications

Offense Level:

Felony (F)

General Offense Code:

DWI/Traffic/Vehicle Regulation (4)

Offense Summary Code & Rank:

DWI (JD) (Rank 13)

Detailed Offense Code:

DWI Mandatory Penalties- Fifth Offense (405.04)

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.275.4

Enactment Date:

Jan 1, 1859

Effective Date:

Aug 1, 2002

Expiration Date:

Repealed?:

Summary Text:

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

Statute ID:

9171

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 fifth 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) 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.