Charged with Second Degree DWI in Rochester?

They Took Your License. They Took Your Car.
We Fight to Get Them Back.

If you are facing this charge, you have likely already felt the immediate sting: Arrested, loss of License, or maybe even Vehicle Forfeiture. You aren’t just worried about jail time; you are wondering how you will get to work tomorrow, how you will take your kids to school, and if you will ever see that car again.

What is a Second Degree DWI in Minnesota?

In Minnesota, DWI charges escalate based on “Aggravating Factors.” A Second Degree DWI is a Gross Misdemeanor, the highest level of crime before hitting a Felony.

You are generally charged with Second Degree DWI if two aggravating factors are present. This usually happens in one of three ways:

Rochester DWI Interlock
Two Priors: You have two qualified prior DWI incidents within the last 10 years.
DWI Penalty Chart
One Prior + Refusal: You have one prior DWI, and you refused the breath, blood, or urine test during this arrest.
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One Prior + High BAC: You have one prior DWI in the last 10 years, and your blood alcohol concentration was 0.16 or higher (twice the legal limit) during this arrest.
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Two Aggravating factors from above: You have no priors, but did a combnation of factors listed above.
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One Prior + Child: You have one prior DWI, and there was a child under 16 in the vehicle.
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Becasue this charges implies a pattern of behavior, the State aggressively seeks penalties.

Will I Go to Jail?

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This is the number one question we hear.

For a standard Fourth-Degree DWI, jail time is not required under the law.  It is important for the client to take the process seriously for the best outcome.
For a Third-Degree (High Test) DWI, the State may push harder. However, our goal is to negotiate alternatives such as electronic home monitoring or community service to keep you working and at home with your family.

It’s Not Just About the Court Date.

As a professional, you are worried about more than just the fine. We understand the “Collateral Consequences” that come with a conviction:

Our team doesn’t just look at the police report; we look at who you are and what you stand to lose. We craft our arguments to minimize the impact on your career.

Employment Background Checks:

How will a misdemeanor vs. a gross misdemeanor look to future employers?

Professional Licenses:

Nursing boards, medical boards, and other licensing bodies have specific reporting requirements for DWI.

Insurance Rates:

A conviction will spike your premiums.

How We Defend First-Time Cases. We do not simply plead you guilty. We analyze the evidence for flaws:

The Stop: Did the Rochester police or State Patrol have a valid legal reason to pull you over?

The Field Sobriety Tests: Were the HGN walk-and-turn or one-leg stand tests administered correctly according to NHTSA standards?

The Chemical Test: Was the Breathalyzer calibrated? Was the blood sample handled correctly?

If the state’s case is weak, we fight for a dismissal. If the evidence is strong, we negotiate for a plea that protects your long-term future.

Our Hundreds of 5 Star Reviews Say It All

I am incredibly thankful for the support and guidance Tom and his team gave me during my case. They treated me with respect, explained everything clearly, and genuinely cared about the outcome. I couldn’t have asked for better representation

Kohlmeyer Hagen Law is a firm that truly does seek the best possible outcome for its clients. Taylor Burnett and Chris Cain really put their all into my case, not to mention the reassurance and relief they provided along the way. They were professional and thorough through and through. If I could leave a 6-star review for this establishment, I would. Thank you, Kohlmeyer Hagen Law!

I was very confused about how to proceed with my license. I’m very glad I came across this firm. They guided me with what I needed to do and went the extra mile.

Get Answers. Not Judgment.

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