§ 169A.25 — Second-degree Driving While Impaired
Plain-Language Summary
Second-degree DWI is a gross misdemeanor in Minnesota. A person faces this charge if they commit a DWI with two or more aggravating factors present, or if they refuse a chemical test with one aggravating factor. Aggravating factors include a prior DWI within 10 years, a blood alcohol level of 0.16 or higher, or having a child under 16 in the vehicle.
169A.25 SECOND-DEGREE DRIVING WHILE IMPAIRED.
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Subdivision 1.Degree described.
(a) A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed. §
Subd. 2.Criminal penalty.
Second-degree driving while impaired is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable.
History:
2000 c 478 art 1 s 8; 1Sp2001 c 8 art 11 s 4; 1Sp2001 c 9 art 19 s 5; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 4; 2009 c 83 art 2 s 13; 2023 c 25 s 84
History: History: 2000 c 478 art 1 s 8; 1Sp2001 c 8 art 11 s 4; 1Sp2001 c 9 art 19 s 5; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 4; 2009 c 83 art 2 s 13; 2023 c 25 s 84