St. Paul Felony DWI Attorneys
Over 70 Years of Experience Defending Serious Minnesota DWI Charges
In Minnesota, impaired driving may lead to a first-degree DWI charge based on a person’s record. An impaired-driving collision that causes injury or death may instead lead to a separate felony criminal vehicular operation charge. Depending on the offense, a conviction can bring years of imprisonment, substantial fines, conditional release, and driver’s license revocation. If you have been charged with a felony DWI in St. Paul, your rights and future are at stake.
At Rogosheske, Rogosheske & Atkins, PLLC, we bring over 70 years of legal experience to criminal defense cases, including serious felony DWI and felony DUI matters across Minnesota and Wisconsin. We examine each client’s circumstances individually to develop a defense based on the actual facts. Unlawful traffic stops or arrests can undermine the evidence collected, so we review the basis for the stop, the arrest, and the state’s evidence when investigating your case.
Facing a felony DWI charge in St. Paul? Call us at (651) 413-9004 or contact us online to discuss your situation confidentially.
What Sets Us Apart
Our team of skilled and understanding professionals proudly provides comprehensive and efficient services for all Clients.
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Serving St. Paul Since 1948
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Over 50 Years of Collective Experience
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Tens of Thousands of People Helped
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Hundreds of Jury Trials Handled
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Highly Involved in the Local Legal Community
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Prepare Every Case for Trial
What Is a DWI in Minnesota?
Under Minnesota Statutes § 169A.20, a person commits DWI when they drive, operate, or are in physical control of a motor vehicle under specified impairment circumstances.
The statute applies when a person:
- Has an alcohol concentration of 0.08 or more,
- Is under the influence of alcohol, a controlled substance, or intoxicating substance, or
- Has any amount of a Schedule I or II drug in their system
What Is a Felony DWI in Minnesota?
Several circumstances can elevate a DWI charge to felony status under Minnesota Statutes Chapter 169A. The applicable offense and its potential penalties depend on the specific statutory classification, not merely on the fact that a prior conviction exists. The felony charges discussed here fall into two distinct categories: first-degree DWI based on a prior record and criminal vehicular operation based on harm caused to another person.
First-Degree DWI Based on Prior Impaired-Driving Incidents
Under Minnesota Statutes § 169A.24, a DWI is classified as first-degree when the driver has certain prior offenses on their record. “Qualified prior impaired-driving incidents” is a defined statutory term that encompasses prior DWI convictions as well as certain license revocations; it is not simply a count of prior arrests.
A person may be charged with a first-degree felony DWI if they have:
- A prior felony DWI conviction,
- A qualifying prior felony criminal vehicular operation conviction, or
- Three or more qualified prior impaired-driving incidents within the past 10 years
Criminal Vehicular Operation Violations
A separate category of felony DWI-related charge arises when a person operates a vehicle while impaired and causes harm to another person. These charges are governed by different statutes and carry different sentencing ranges than first-degree DWI. The applicable charge depends on the nature of the harm alleged.
The specific criminal vehicular operation offenses are as follows:
- Causing substantial bodily harm (Minnesota Statutes § 609.2113)
- Causing great bodily harm (Minnesota Statutes § 609.2113)
- Causing death (Minnesota Statutes § 609.2112)
At Rogosheske, Rogosheske & Atkins, PLLC, we examine the charged offense, alleged harm, and supporting evidence before developing a case-specific defense.
To schedule a confidential consultation with one of our St. Paul felony DWI lawyers, call us at (651) 413-9004 or contact us online.
What Are the Penalties for a Felony DWI in Minnesota?
The penalties a driver may face upon conviction depend on the specific charge, prior record, sentencing facts, and applicable Minnesota law. First-degree DWI and criminal vehicular operation carry separate sentencing ranges and should not be treated as a single uniform scheme.
Below are potential penalties for felony-level DWI convictions:
- First-degree DWI (Minnesota Statutes § 169A.24 and § 169A.276):
- Up to 7 years of imprisonment
- At least 3 years of imprisonment required upon conviction, with a stay of execution permitted under specified conditions
- Up to $14,000 in fines
- 5 years of conditional release following any period of imprisonment
- Driver’s license revocation (the court may not stay the revocation provisions)
- CVO substantial bodily harm:
- Up to 3 years of imprisonment
- Up to $10,000 in fines
- Driver’s license revocation (period varies based on prior record and applicable statute)
- CVO great bodily harm:
- Up to 5 years of imprisonment
- Up to $10,000 in fines
- Driver’s license revocation (period varies based on prior record and applicable statute)
- CVO homicide (criminal vehicular homicide):
- Up to 10 years of imprisonment
- Up to $20,000 in fines
- Driver’s license revocation (period varies based on prior record and applicable statute)
These figures reflect statutory maximums and mandatory-minimum provisions. Actual sentencing depends on the charged offense, conviction, prior record, and the court’s findings. We explain which sentencing provisions apply and how the evidence may affect your defense.
Understanding the Consequences of a Felony DUI
A felony DWI or felony DUI conviction carries consequences that extend well beyond the sentence imposed in court. The specific effect on your life depends on your employment, professional licensing, transportation needs, housing situation, and financial circumstances. At Rogosheske, Rogosheske & Atkins, PLLC, we explain those consequences in relation to each client’s circumstances.
Here are some key consequences of a felony DUI that you should be aware of:
- Court-Ordered Conditions: Treatment, probation, or supervised release may apply depending on the applicable statute and sentencing order.
- License Revocation: Depending on the offense and prior record, a conviction may result in the loss of your driving privileges, affecting your daily life and ability to work.
- Employment Challenges: Many employers conduct background checks, and a felony conviction can affect your job prospects, particularly in fields involving driving or public safety.
- Increased Insurance Costs: After a felony DUI, you may face higher insurance premiums or difficulty obtaining coverage.
- Long-term Record Impact: A felony conviction can affect various aspects of your life, including housing applications, educational opportunities, and professional licensing, depending on your individual circumstances.
Contact us today to discuss how these potential consequences could affect your situation.
Understanding the Legal Process for Felony DWI Cases
A Minnesota felony DWI case can involve arrest or charging, court appearances, discovery, motions, negotiations, trial, and sentencing. The timing and sequence vary depending on the charge, custody status, court rulings, discovery, and whether the case proceeds to trial.
- Arrest or Charging: A case may begin with an arrest, citation, or criminal complaint. If you are arrested, you will be taken into custody and booked.
- Arraignment: You will appear in court to hear the charges against you and enter a plea.
- Pre-Trial Conference: Our attorneys may negotiate with the prosecutor to reach a plea agreement or prepare for trial.
- Discovery: Both sides exchange evidence and information related to the case.
- Pre-Trial Motions: Our attorneys may file motions to suppress evidence or seek dismissal of certain charges.
- Trial: If the case goes to trial, evidence will be presented and a verdict will be reached.
- Sentencing: If convicted, you will be sentenced based on the offense, applicable mandatory provisions, and any aggravating or mitigating factors.
We review the evidence, identify potential motion issues, prepare for court appearances, and keep you informed as the case progresses.
To speak with a St. Paul felony DWI attorney about your case, call us at (651) 413-9004 or contact us online.
Get Legal Help Fighting Your St. Paul Felony DWI Charge
With over 70 years of legal experience, we bring knowledge of Minnesota’s legal system, individualized case examination, and clear communication to serious DWI defense. At Rogosheske, Rogosheske & Atkins, PLLC, we can explain the charge, review the evidence, and help you understand each stage of your case.
Discuss your St. Paul felony DWI charge by contacting us at (651) 413-9004.
