Minnesota Statutes

Minn. Stat. § 169A.095 (2026)

Determining Number Of Aggravating Factors

✓ current as of May 2026

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When determining the number of aggravating factors present for purposes of this chapter, subject to section 169A.09 (sanctions for prior behavior to be based on separate courses of conduct), each qualified prior impaired driving incident within the ten years immediately preceding the current offense is counted as a separate aggravating factor.

Notes of Decisions

Cited in 3 cases, 2007–2015 · leading case: State of Minnesota v. Tarah Louise Fichtner, 867 N.W.2d 242 (Minn. Ct. App. 2015).

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State of Minnesota v. Tarah Louise Fichtner, 867 N.W.2d 242 (Minn. Ct. App. 2015). · cites it 14× “” Minn.Stat. § 169A.095 (2012). Section 169A.”

State v. Wiltgen, 737 N.W.2d 561 (Minn. 2007). · cites it 2× “Under Minn.Stat. § 169A.095 (2006), “each qualified prior impaired driving incident within the ten years immediately preceding the current offense is counted as a separate aggravating factor.”

Heino v. One 2003 Cadillac, MN License No. KFR615, VIN: 1G6KS54Y83U131208, 762 N.W.2d 257 (Minn. Ct. App. 2009). · cites it 2× “” Minn.Stat. § 169A.095. 2. Wiltgen. The district court, the state, and respondent rely heavily on the Minnesota Supreme Court’s decision in Wiltgen to reach their respective conclusions.”

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