Comments on: I recieved a charge of 3rd degree dwi refusal, I have no priors. what will happen? http://www.attorneyiq.net/i-recieved-a-charge-of-3rd-degree-dwi-refusal-i-have-no-priors-what-will-happen/ Get the Best Attorney Fri, 09 Jul 2010 17:04:38 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: QueenLori http://www.attorneyiq.net/i-recieved-a-charge-of-3rd-degree-dwi-refusal-i-have-no-priors-what-will-happen/comment-page-1/#comment-431 QueenLori Thu, 28 Feb 2008 09:30:04 +0000 http://www.attorneyiq.net/dwi-attorney/i-recieved-a-charge-of-3rd-degree-dwi-refusal-i-have-no-priors-what-will-happen#comment-431 This falls under 169A.20:2 and 169A.26. I would assume your DL was seized and that they then invalidated it and returned it to the DMV people in MN. Hmm, why did you refuse to take the test? Something to hide? Were you afraid you would blow .08 or higher? Third Degree DWI - §169A.26 A third degree DWI is charged if there is one aggravating factor or if the driver refused to take the breath, blood or urine test and it is a first offense A third degree DWI offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if: The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or The new DWI violation is the 2nd offense and the defendant is under 19 years of age; The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct; The New DWI occurs and the driver's license has been cancelled as inimical to public safety. This falls under 169A.20:2 and 169A.26. I would assume your DL was seized and that they then invalidated it and returned it to the DMV people in MN.

Hmm, why did you refuse to take the test? Something to hide? Were you afraid you would blow .08 or higher?

Third Degree DWI – §169A.26

A third degree DWI is charged if there is one aggravating factor or if the driver refused to take the breath, blood or urine test and it is a first offense

A third degree DWI offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if:

The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
The new DWI violation is the 2nd offense and the defendant is under 19 years of age;
The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct;
The New DWI occurs and the driver’s license has been cancelled as inimical to public safety.

]]>