Looking at a DWI With BAC Over 0.16: Protecting Your Rights in St. Paul
In Minnesota, drivers can be charged with driving while impaired (DWI) for operating a motor vehicle with a blood-alcohol concentration (BAC) of 0.08 or higher. Actually, they can be charged with even less under certain circumstances. Generally, first and second DWI offenses are classified as misdemeanors; however, a BAC of 0.16 or higher leads to enhanced charges. This means that if a driver is arrested for their first or second DWI with a BAC of 0.16 or higher, they will face gross misdemeanor charges, which carry more severe consequences. If you are facing DWI charges with a BAC over .08 or 0.16, contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
“DWI charges can result in jail or even prison but there are a lot of other things that the government can do to you.”
St. Paul DWI With BAC Over 0.16 Lawyer
If you were arrested in St. Paul with a BAC of 0.16 or higher, it is crucial to have experienced legal representation. Jack Rice, a seasoned attorney with a background in handling numerous DWI cases in the Twin Cities, understands the legal landscape and can devise strategies to potentially reduce or dismiss the charges against you.
For a free, confidential consultation, call 651-447-7650 or 612-227-1339.
Understanding DWI Charges with BAC Over 0.16 in Minnesota
How Is BAC Calculated?
In Minnesota, BAC is often referenced in DWI cases and is defined under Minnesota Statute § 169A.03. BAC may be determined through blood, breath, or urine testing:
Grams of alcohol per 100 milliliters of blood
Grams of alcohol per 210 liters of breath
Grams of alcohol per 67 milliliters of urine
Breath tests are the most commonly employed method for BAC testing, and results are crucial during legal proceedings. Importantly, the BAC does not affect the severity of penalties for third or subsequent DWI offenses, as these are all classified as gross misdemeanors or felonies regardless of BAC.
Criminal Penalties for DWI With BAC Over 0.16
For a first or second DWI with a BAC of 0.08 to under 0.16, drivers typically face misdemeanor charges which may result in up to 90 days in jail and/or a fine of up to $1,000. However, a BAC of 0.16 or higher elevates the charge to a gross misdemeanor, with penalties that may include:
Up to three years in imprisonment
Fines of up to $3,000
Additionally, if a driver is arrested for a second DWI offense within ten years of their first conviction, they may face vehicle forfeiture if a child under 16 was present in the vehicle at the time of the offense.
Administrative Penalties for DWI in St. Paul
The administrative sanctions for a DWI involving a BAC of 0.16 or higher are harsher than those for lower BAC levels. A first-time offender with a BAC of 0.16 or more will have their driving privileges affected for one year, with the option of:
One year of no driving privileges, or
One year with an ignition interlock device restricted driver’s license.
First-time offenders will also have their license plates impounded, potentially receiving “whiskey plates,” which typically start with the letter W. For a second offense with a BAC of 0.16 or above, driving privileges may be revoked for two years.
“Even if you think that you are guilty, that doesn’t mean we can’t help. In fact, sometimes, this is where we shine.”
Defenses for DWI Cases in Minnesota
Many people believe that a BAC over the legal limit guarantees a conviction. However, numerous factors can contribute to errors in testing, especially critical for BAC readings at or above 0.16. Potential defenses can include:
Equipment malfunction
Improperly administered tests
Unlicensed test operators
Contaminated breath samples
Incorrect handling of blood or urine samples
Jack Rice Defense: Your DWI Lawyer in St. Paul
If you’ve been arrested for DWI with a BAC of 0.16 or higher, acting swiftly to secure legal counsel is essential. Jack Rice Defense is committed to protecting the rights of clients across Ramsey County and the greater St. Paul area.
Jack Rice represents residents throughout St. Paul and surrounding communities such as Maplewood, West St. Paul, and Roseville. Contact us today at 651-447-7650 or 612-227-1339 for a free consultation, and let us help evaluate your case and develop a strong defense.