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Minnesota Legislature

Office of the Revisor of Statutes

169A.275 MANDATORY PENALTIES; NONFELONY VIOLATIONS.
    Subdivision 1. Second offense. (a) The court shall sentence a person who is convicted of
a violation of section 169A.20 (driving while impaired) within ten years of a qualified prior
impaired driving incident to either:
(1) a minimum of 30 days of incarceration, at least 48 hours of which must be served in a
local correctional facility; or
(2) eight hours of community work service for each day less than 30 days that the person is
ordered to serve in a local correctional facility.
Notwithstanding section 609.135 (stay of imposition or execution of sentence), the penalties in
this paragraph must be executed, unless the court departs from the mandatory minimum sentence
under paragraph (b) or (c).
(b) Prior to sentencing, the prosecutor may file a motion to have a defendant described in
paragraph (a) sentenced without regard to the mandatory minimum sentence established by that
paragraph. The motion must be accompanied by a statement on the record of the reasons for it.
When presented with the prosecutor's motion and if it finds that substantial mitigating factors
exist, the court shall sentence the defendant without regard to the mandatory minimum sentence
established by paragraph (a).
(c) The court may, on its own motion, sentence a defendant described in paragraph (a)
without regard to the mandatory minimum sentence established by that paragraph if it finds that
substantial mitigating factors exist and if its sentencing departure is accompanied by a statement
on the record of the reasons for it. The court also may sentence the defendant without regard to
the mandatory minimum sentence established by paragraph (a) if the defendant is sentenced
to probation and ordered to participate in a program established under section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders).
(d) When any portion of the sentence required by paragraph (a) is not executed, the court
should impose a sentence that is proportional to the extent of the offender's prior criminal and
moving traffic violation record. Any sentence required under paragraph (a) must include a
mandatory sentence that is not subject to suspension or a stay of imposition or execution, and that
includes incarceration for not less than 48 hours or at least 80 hours of community work service.
    Subd. 2. Third offense. (a) The court shall sentence a person who is convicted of a violation
of section 169A.20 (driving while impaired) within ten years of the first of two qualified prior
impaired driving incidents to either:
(1) a minimum of 90 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility; or
(2) a program of intensive supervision of the type described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional facility.
(b) The court may order that the person serve not more than 60 days of the minimum penalty
under paragraph (a), clause (1), on home detention or in an intensive probation program described
in section 169A.74.
(c) Notwithstanding section 609.135, the penalties in this subdivision must be imposed and
executed.
    Subd. 3. Fourth offense. (a) Unless the court commits the person to the custody of the
commissioner of corrections as provided in section 169A.276 (mandatory penalties; felony
violations), the court shall sentence a person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of three qualified prior impaired driving
incidents to either:
(1) a minimum of 180 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility;
(2) a program of intensive supervision of the type described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional facility; or
(3) a program of staggered sentencing involving a minimum of 180 days of incarceration, at
least 30 days of which must be served consecutively in a local correctional facility.
(b) The court may order that the person serve not more than 150 days of the minimum
penalty under paragraph (a), clause (1), on home detention or in an intensive probation program
described in section 169A.74. Notwithstanding section 609.135, the penalties in this subdivision
must be imposed and executed.
    Subd. 4. Fifth offense or more. (a) Unless the court commits the person to the custody of
the commissioner of corrections as provided in section 169A.276 (mandatory penalties; felony
violations), the court shall sentence a person who is convicted of a violation of section 169A.20
(driving while impaired) within ten years of the first of four or more qualified prior impaired
driving incidents to either:
(1) a minimum of one year of incarceration, at least 60 days of which must be served
consecutively in a local correctional facility;
(2) a program of intensive supervision of the type described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional facility; or
(3) a program of staggered sentencing involving a minimum of one year of incarceration, at
least 60 days of which must be served consecutively in a local correctional facility.
(b) The court may order that the person serve the remainder of the minimum penalty under
paragraph (a), clause (1), on intensive probation using an electronic monitoring system or, if such
a system is unavailable, on home detention. Notwithstanding section 609.135, the penalties in this
subdivision must be imposed and executed.
    Subd. 5. Level of care recommended in chemical use assessment. Unless the court
commits the person to the custody of the commissioner of corrections as provided in section
169A.276 (mandatory penalties; felony violations), in addition to other penalties required under
this section, the court shall order a person to submit to the level of care recommended in the
chemical use assessment conducted under section 169A.70 (alcohol safety program; chemical use
assessments) if the person is convicted of violating section 169A.20 (driving while impaired)
while having an alcohol concentration of 0.20 or more as measured at the time, or within two
hours of the time, of the offense or if the violation occurs within ten years of one or more
qualified prior impaired driving incidents.
    Subd. 6. Definitions. (a) For purposes of this section, the following terms have the meanings
given.
(b) "Staggered sentencing" means a sentencing procedure in which the court sentences a
person convicted of a gross misdemeanor or felony violation of section 169A.20 (driving while
impaired) to an executed sentence of incarceration in a local correctional facility, to be served in
equal segments in three or more consecutive years. Before reporting for any subsequent segment
of incarceration after the first segment, the offender shall be regularly involved in a structured
sobriety group and may bring a motion before the court requesting to have that segment of
incarceration stayed. The motion must be brought before the same judge who initially pronounced
the sentence. Before bringing the motion, the offender shall participate for 30 days in a remote
electronic alcohol-monitoring program under the direction of the person's probation agent. It
is within the court's discretion to stay the second or subsequent segment of remote electronic
alcohol monitoring or incarceration that has previously been ordered. The court shall consider
any alcohol-monitoring results and the recommendation of the probation agent, together with
any other factors deemed relevant by the court, in deciding whether to modify the sentence
by ordering a stay of the next following segment of remote electronic alcohol monitoring or
incarceration that the court had initially ordered to be executed.
(c) When the court stays a segment of incarceration that it has previously ordered to be
executed, that portion of the sentence must be added to the total number of days the defendant
is subject to serving in custody if the person subsequently violates any of the conditions of that
stay of execution.
(d) A structured sobriety group is an organization that has regular meetings focusing on
sobriety and includes, but is not limited to, Alcoholics Anonymous.
History: 2000 c 478 art 1 s 11; 1Sp2001 c 8 art 11 s 7; 1Sp2001 c 9 art 19 s 8; 2002 c 379
art 1 s 113; 1Sp2003 c 2 art 9 s 7-9; 2005 c 136 art 18 s 2