Under that law certain offenses, such as a third driving while under the influence charge within ten years of two or more prior offenses, was charged as an enhanced gross misdemeanor. In the recent case of State vs. Miller , the Minnesota courts struck down the enhanced gross misdemeanor category on technical grounds. So for now, the most serious category of DWI is a gross misdemeanor. If a person pleads guilty or is found guilty of a DWI, the final decision regarding sentencing is in the hands of the judge. The defense attorney and prosecutor can make suggestions, but the judge is not necessarily required to follow them.
Sentences vary dramatically from county to county and from judge to judge.
In misdemeanor cases there is no mandatory jail sentence, so the judge is free to impose a sentence which does not include jail time if he or she feels that is appropriate given the facts and circumstances of the case. In Hennepin County, for example, the sentence in a first offense misdemeanor DWI might include some community work service in lieu of any jail time. Some sentences include a week-end in jail, while others include neither jail nor community service. In addition to the possibility of jail time or community service, there will be a fine with surcharges and a requirement that the defendant complete an Alcohol Problem Assessment interview with a probation officer and follow any recommendations the probation officer makes regarding alcohol education. Sentencing in a gross misdemeanor includes a mandatory minimum of thirty days of jail time.