Horton Law Offices, LLC
3800 American Blvd. West
Suite 1500
Bloomington, MN 55431

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952-922-8220 Office
612 209-6607 Cell
612 435-9941 Fax


Mark Horton at Horton Law Offices LLC provides Criminal Defense, DUI & DWI defense, Civil Commitment defense legal services in Minneapolis and throughout Minnesota. 



Are you charged with a DWI? Or have a friend or family member charged with a DWI? The information below is intended to give the reader a basic understanding of the criminal charges and the potential consequences.  Every case is different and has facts and/or circumstances that will affect the outcome. 

1st, 2nd, 3rd and 4th Degree DWI Charges

In Minnesota, 4th Degree means it’s your first offense and 1st Degree means it’s at least your fourth offense.

In Minnesota a 4th Degree driving with a blood alcohol concentration over .08 or DWI is a misdemeanor offense.

In Minnesota a 3rd or 2nd Degree driving with a blood alcohol concentration over .08 or over .20 is a gross misdemeanor offense. 

In Minnesota a 1st Degree driving with a blood alcohol concentration over .08 is a felony offense.

Clients charged with DWI have a lot of questions.  Mark Horton can answer those questions by either contacting him at (952) 922-8220 office, (612) 209-6607 cell or email him at mark@hortonlawmn.com   Based on Mark Horton’s experience here is a summary of the initial questions his client’s typically have when charged with a DWI.

Will I go to Jail?  Depends on circumstances like the blood alcohol reading level, driving conduct and how you performed on the field sobriety tests.

How long could my license be revoked?  Depends on the number of priors and whether the blood alcohol reading was over .15. (See attached chart about driver's license consequences)

Why should I hire an attorney?  Attorneys that practice in the area of DWIs bring experience.  When you are charged with a crime there are two phases.  The guilt or innocence phase (i.e. trial) or a plea is reached, then the second phase is the sentencing phase. Mark Horton’s philosophy is simple. Hire him to review the police reports for any legal or factual issues.  Any issues found are based on experience and training that a lay person or someone not experienced in the DWI area would be able to recognize.  If Mark Horton can’t find any viable legal or factual issues, then he turns his attention to the sentencing phase. 

The sentencing phase is as difficult as the guilt or innocence phase because issues such as jail, probation requirements, sentencing judge and fine need to be worked out.  A lay person or an attorney not experienced in DWI practice won’t know how to navigate the sentencing phase of a DWI. 

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