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Multiple DUI

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If you have been arrested for driving under the influence (DUI) in Minnesota, you should not drive anywhere until you have contacted an attorney. If you do drive, you risk being charged with a separate DUI offense, which could lead to even more severe penalties. If you have been arrested for a second or third DUI, you could face even harsher penalties than the first time.

There are, however, some defenses that can be raised in a DUI case. You may have been improperly stopped, arrested, or tested. You may have a medical condition that caused you to fail a breath test or blood test. Or, you could have unknowingly ingested a substance that would cause you to fail a test. The attorney you hire will be able to determine which defenses are most appropriate for your case.

At Rogosheske, Rogosheske & Atkins, PLLC, we have handled hundreds of DUI cases. We know how the prosecution will approach your case and can work to counter their arguments. We know how to work with the police to get charges dropped or reduced, and we know how to work with the courts to get you the best possible outcome in your case.


Get started on your defense by contacting our firm. Call us at (651) 413-9004 or contact us online.


Second-Offense DUI in Minnesota

Minnesota is considered a primary jurisdiction, which means that an out-of-state DUI arrest can result in a license suspension in Minnesota. However, not all out-of-state DUI arrests will result in a license suspension.

  • For example, if the state where the arrest occurred does not have a primary jurisdiction, the Minnesota Department of Public Safety (DPS) will not suspend your license. If you are arrested for a second DUI, it will be a felony offense.

Second-offense DUI in Minnesota is charged as a felony if any of the following circumstances apply:

  • You had a child passenger under the age of 16 in your vehicle at the time of your arrest
  • You were driving on a restricted license at the time of your arrest
  • You were involved in a car accident where the other party or property was injured or damaged
  • You had a blood alcohol concentration (BAC) of .16 or more at the time of your arrest
  • You were driving on a highway at the time of your arrest

If you are convicted of second-offense DUI, you could face up to three years in prison and a $4,000 fine. You may also have to complete an alcohol education program and an ignition interlock program. You may also be ordered to install an ignition interlock device in your vehicle for up to a year.

A second-offense DUI is a serious offense and will require a lawyer who is experienced in DUI cases. At Rogosheske, Rogosheske & Atkins, PLLC, we have handled hundreds of DUI cases and have handled complicated cases that have required extensive negotiations with the prosecution and the courts.

Third-Offense DUI in Minnesota

A third offense DUI is a felony offense and is punishable by up to five years in prison and a $10,000 fine. It is also an aggravated DUI, which means that you could face a longer prison sentence and higher fines. A third-offense DUI is also a Category I felony, which means that you could be sentenced to extended prison time if you have two prior convictions for aggravated felonies.

A third-offense DUI in Minnesota is charged as a felony if any of the following circumstances apply:

  • You had a child passenger under the age of 16 in your vehicle at the time of your arrest
  • You were driving on a restricted license at the time of your arrest
  • You were involved in a car accident where the other party or property was injured or damaged
  • You had a blood alcohol concentration (BAC) of .16 or more at the time of your arrest
  • You were driving on a highway at the time of your arrest

If you are convicted of a third-offense DUI, you could face up to five years in prison and a $10,000 fine. You may also have to complete an alcohol education program and an ignition interlock program. You may also be ordered to install an ignition interlock device in your vehicle for up to a year.

A third-offense DUI is a serious offense and will require a lawyer who is experienced in DUI cases. At Rogosheske, Rogosheske & Atkins, PLLC, we have handled hundreds of DUI cases and have handled complicated cases that have required extensive negotiations with the prosecution and the courts.


Get started on your defense by contacting our firm. Call us at (651) 413-9004 or contact us online.

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