Consequences
If you’re convicted of a 2nd degree DWI, you will likely face jail time. The amount of time you will need to serve will depend on the circumstances of the DWI and the number of past DWI convictions.
If there are two prior DWI convictions within the last 10 years, the statutory minimum requires 90 days to be served, with 30 days in custody and 60 on electronic home monitoring with alcohol supervision. If you have one prior DWI conviction with a current 2nd Degree DWI charge, the statutory minimum requires 48 hours in custody with 28 days on electronic home monitoring. Though, due to the elevated reading, most jurisdictions will initially ask for a stiffer penalty. And if the 2nd Degree DWI stems from a high reading and the presence of a child in the car, no statutory minimum is in play, but rest assured the State will seek stiff penalties that includes time in custody.
Despite the presence of statutory minimum sentences, these can be avoided with a proper legal strategy. These are always negotiable and there are many proactive steps a client can take to improve their situation to receive a better outcome. Further, some jurisdictions – like Hennepin County for instance – have DWI Court – an alternative court that is designed to help repeat offenders tackle the underlying issues with alcohol. DWI Court involves intensive oversight by the Court and probation, and time-consuming, but the client can avoid lengthy jail sentences and get the care necessary to really tackle potential alcohol problems. Clients that have entered this program have been successful and are pleased with the decision to do it.
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Originally Posted by Bacchus
