Driving while intoxicated (or DWI) in Minnesota is highly illegal and can result in long-lasting consequences. Legal penalties can scale up with repeat instances, but even first-time convictions are harsh. A standard first-time drunk driving offense generally lands you with a fourth-degree DWI, which is a misdemeanor.
What are the consequences of a conviction?
Even this lowest-level DWI charge may result in up to 90 days of jail time and $1000 in fines. With aggravating factors, your charges may increase in severity. And under Minnesota law, a DWI stays on your driving record for life.
If you are facing first-time intoxicated driving charges, you may have options that do not impact you as intensely. Compared to a permanent criminal conviction, alternatives may help you bounce back from charges rather quickly. You may want to investigate whether you qualify for a diversion program.
What is a DWI pretrial diversion?
Minnesota explores multiple programs that offer leniency to first-time offenders, such as substance screening for fine reduction. A pretrial diversion is a program that allows low-risk DWI offenders an alternative to a permanent criminal conviction. Successfully completing all program responsibilities may result in the prosecution dropping all charges entirely.
Since pretrial diversion programs are county-specific, each county may have its own criteria for enrollees. Generally, you must not have had any prior DWI convictions or license revocations due to drug or alcohol-related issues.
What should you expect from pretrial diversion?
There is no single statewide diversion program. Should you choose to voluntarily enroll, it might take you up to a year to complete. The court may expect you to complete a number of conditions, such as:
- Performing community service: The program may require you to complete a set number of hours volunteering for a local community group.
- Monitoring substance intake: Expect regular evaluations of your alcohol and drug intake over the whole period.
- Attending chemical dependency classes: One of your legal requirements could be taking up counseling or completing educational classes.
Throughout the program, you are expected to maintain a record free from new offenses. Once you complete all requirements, you have successfully completed the program.
How can you get into the program?
Eligibility into a DWI diversion program is not automatic. However, you may be able to negotiate with a prosecutor to participate in one. If you fit the criteria (first-time offense, no aggravating factors) you may be able to draft a diversion agreement.
A legal professional could help review your case and assist in negotiations. They may advise you on the best steps to persuade the court and avoid disqualifications.