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Thursday, January 19, 2012

How to Avoid a Mandatory Minimum Jail Sentence in a DWI Case

If you are convicted of a subsequent DWI offense in Minnesota, you could be ordered to serve a mandatory minimum jail sentence. For example, a second DWI conviction within 10 years carries a mandatory minimum jail sentence of 30 days. A third DWI conviction within 10 years carries a 90 day jail sentence.

What can be done to avoid a mandatory minimum jail sentence in your Minnesota DWI case? There is a statutory exception to the mandatory minimun jail sentence law found in Minnnesota Statute Section 169A.275, subd. 7. A judge is not required to impose a mandatory jail sentence if the judge requires a defendant as a condition of probation to only drive a car equipped with an ignition interlock device.

An ignition interlock is about the size of a calculator and is attached near the stearing wheel. The device connects to the engine and is designed to measure a person's alcohol concentration. If a person blows into the device and alcohol is detected, the car will not start.

Before you are sentenced in a DWI case, apply for the ignition interlock device program and you may be able to avoid a mandatory minimum jail sentece.

If you or someone you know has been charge with a DWI offense, you will need an experienced Minnesota DWI defense lawyer to protect your freedom. Call attorney Robert J. Shane for a free phone consultation at (612) 339-1024 or visit his website for more information on DWI defenses at www.criminallawyerminnesota.com.

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