Driving while impaired (DWI) offenses fall on a spectrum. There are different rules that apply to people in different circumstances. Teenagers and people operating school buses are subject to stricter regulations than adults operating standard passenger vehicles. Whether people cause crashes or injure others is another key consideration.
In some cases, drivers may face more serious penalties because the state charges them with an aggravated DWI offense. The consequences of a conviction and the severity of the record produced are both higher in an aggravated DWI case. What typically justifies aggravated DWI charges in Minnesota?
Alcohol levels are a major concern
When police officers arrest people for DWI offenses, the process typically includes a chemical test. Any adult with a blood alcohol concentration (BAC) of 0.08% or higher is potentially at risk of a DWI charge.
However, the more their BAC exceeds the limit, the more serious the offense may become. When drivers test at twice the legal limit or higher, they may face aggravated DWI charges. A BAC of 0.16% or higher can lead to more serious penalties.
Aggravated DWI charges are also possible in cases where a driver has a passenger under the age of 16 at the time of their arrest, provided that the driver is at least 36 months older than the passenger. The state can also impose more serious penalties in cases where the driver has prior DWI convictions on their record.
Understanding the rules that apply to Minnesota DWI charges can help people respond appropriately. Those with higher BACs may need to be more assertive about responding to their pending charges.
