Third Degree DUI

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To be charged with a 3rd Degree DUI you must have either:

Have a current charge of DUI or tested over .08 and had a prior DUI conviction or alcohol related driver’s license revocation within the past 10 years or

Be charged with a first time DUI offense and either tested .20 or more, refused to test, had a child in the car, been stopped going through railroad track stop arms or been in an accident with alcohol involved where there was substantial bodily injury.

Minnesota Gross Misdemeanor Offenses

3RD Degree DUI’s or Refusal to Test cases are more serious then 4th Degree DUI cases because the legislature has deemed the conduct for these offenses rises to the level of gross misdemeanor status. A gross misdemeanor offense has a maximum punishment of a year in jail and a $3,000.00 fine, or both. There are also conditions pertaining to probation and an alcohol evaluation will be required.

The legislature mandates a minimum of 30 days in jail if you are convicted of a 3rd Degree DUI offense. You may also have your license plates impounded and be subjected to restricted plates (referred to as whisky plates).

Intoxication Factors

Alcohol concentration levels are determined by three factors: Weight, amount consumed and time. Obviously, if you are 100 pounds and drink the same amount and type of alcohol as a 200 pound person your level will be much higher. A 100 pound woman with 5 ounces of alcohol will test approximately .23 while a 200 pound woman would test approximately .11 with the same amount of alcohol.

Minnesota Implied Consent Process

At the same time that you are charged with a criminal offense you are also given notice that your license is soon to be revoked and you have a 7 day temporary license before the revocation begins. This part of the process is commonly referred to as the Implied Consent. You have 30 days from the date of the stop to challenge any issues with regards to your license being revoked. This is an absolute deadline.

Once your license is revoked you will be without driving privileges for varying days based on what you were charged with and how many prior DUI offenses you have on your driving record. For example, if you had one prior offense within the past ten years and you tested over .08 but below .20 then you would not be eligible for driving until 90 days has passed. You would then be eligible for a limited license (work or school permit) for a total of 90 days. But each case is different and unique.

Critical to Analyze the Case

It is critical to analyze both the Implied Consent issues and the criminal issues. To win a DUI case you have to attack both and prevail.

Whenever a case is analyzed it is critical to know all of the details about the reason you were stopped or approached by police, what procedures the officer(s) used during the stop and subsequent arrest, the type of test you submitted to or if you refused, what is contained in your prior criminal/traffic history, what the officer read you when you were arrested, were you allowed to contact an attorney, and many other variables.

A thorough examination of the police report must be done to complete the analysis. It is important to have both views of the case prior to developing a strategy with regards to your case.

Minneapolis DWI Defense Lawyers & Attorneys

Scott is always looking for defenses when he is analyzing the case. If there are defenses then we explore those in detail prior to moving forward with the criminal case and your license revocation case. If there are not defenses then it is his job to get the best possible result for you and get your license returned to you as quickly as possible at the most reasonable and affordable cost.

It is imperative to begin analyzing your case immediately since there are time deadlines that must be met or the issue(s) are forever waived and lost. Anderson Law Office provides a FREE PHONE CONSULTATION.


Please contact Scott L. Anderson NOW at 763-422-8664, e-mail him at or fill out the form on the right for a confidential consultation.


“Scott ranks among the best and, more importantly, he truly cares for each and every client”

I am a criminal defense attorney and have known “Scottie” for over 20 years. As a lawyer, Scott ranks among the best and more importantly he truly cares for each and every client. I have confidently referred him many difficult cases and he has always handled them to the client’s complete satisfaction.


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