DUI & DWI in Minnesota

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

In Minnesota, the Blood Alcohol Content (BAC) limit is set at:

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.02%  – for drivers under 21 years of age

Having a license in the state of Minnesota automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test.

REFUSING TO TAKE THE CHEMICAL/ BREATHALYZER TEST

1st Offense

• Is treated as a Gross Misdemeanor.
• Will result in imprisonment for 1 year.
• You will have to pay $3,000 fine.
• Your license will be revoked for 1 year (30 day revocation if you plead guilty of DWI or 90 day revocation if you plead guilty of refusing to submit to the test).

2nd Offense

• Is treated as Gross Misdemeanor.
• Will result in imprisonment for 1 year.
• You will have to pay $3,000 fine.
• Your license will be revoked for 1 year.
• Your plates may be impounded.
• You may forfeit your vehicle.
• You may receive a notice that any more offenses will lead to cancellation of your license.

3rd Offense

• Is treated as Gross Misdemeanor.
• Will result in imprisonment for 1 year.
• Will have to pay $3,000 fine.
• You may lose your license for 1 year or it may be cancelled.
• Your plates may be impounded.
• You may have to forfeit your vehicle.
• You may have to undergo rehabilitation (with proof of abstinence for at least 1 year) and treatment.
• You will have to abstain from alcohol for your lifetime once your license has been reinstated.

If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

Minnesota Driver and Vehicle Services (DVS) outlines online its rules and penalties for Driving While Intoxicated (DWI), also known as Driving Under the Influence (DUI) of alcohol or other intoxicants.

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! DWI and underage drinking and driving offenses will remain on your driving record for at least 15 years.Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact an STA Advisor absolutely FREE!!!

If you are over 21 years old:

BAC below 0.20%-

• Is treated as a Misdemeanor.
• Imprisonment for up to 90 days
• Up to a $1000 fine.
• Your license will be revoked for 90 days (30 day revocation if you plead guilty of DWI).
• You may be eligible to drive using the Limited License if you meet the conditions.

BAC of 0.20% or above-

• Is treated as a Gross Misdemeanor.
• Imprisonment for up to 1 year.
• A $3000 fine.
• Your license will be revoked for 180 days.
• Your plates may be impounded.
• You may face electronic monitoring and/or highest bail.
• You may be eligible to drive using the Limited License if you meet the conditions.

(in 10 years)

BAC below 0.20%-

• Is treated as a Gross Misdemeanor.
• Imprisonment for up to 1 year.
• Up to a $3,000 fine.
• Your license will be suspended for 180 days.
• You may receive a notice that any more offenses will lead to cancellation of your license.

BAC of 0.20% or above-

• Is treated as a Gross Misdemeanor.
• Imprisonment for up to 1 year.
• A $3,000 fine.
• Your license will be revoked for 1 year.
• Your plates may be impounded.
• You may have to forfeit your vehicle.
• You may face imprisonment, highest bail and/or electronic monitoring.
• You may receive a notice that any more offenses will lead to cancellation of your license.

(in 10 years)

For any BAC level-

• Is treated as a Gross Misdemeanor.
• Imprisonment for up to 1 year.
• A $3,000 fine.
• Your license will be revoked for at least 1 year or may be cancelled.
• You may have to undergo rehabilitation (with proof of abstinence for at least 1 year) and treatment.
• You will have to abstain from alcohol for your lifetime once your license has been reinstated.
• Your plates may be impounded.
• You may have to forfeit your vehicle.
• You may face imprisonment, highest bail and/or electronic monitoring.

(in 10 years)

For any BAC level-

• Is treated as a Gross Misdemeanor.
• Imprisonment for up to 1 year.
• A $3,000 fine.
• Your license will be revoked for at least 1 year or may be cancelled.
• You may have to undergo rehabilitation (with proof of abstinence for at least 1 year) and treatment.
• You will have to abstain from alcohol for your lifetime once your license has been reinstated.
• Your plates may be impounded.
• You may have to forfeit your vehicle.
• You may face imprisonment, highest bail and/or electronic monitoring.

• Your license will be suspended or revoked, if you are convicted under the “Minor In Possession/Other Alcohol Offenses Law” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having any amount of detectable BAC while driving.
• The driving privileges may be suspended for 30 days after the 1st conviction.
• The driving privileges may be suspended for 180 days after the 2nd conviction.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

• A FIRST OFFENSE WITH BAC OF OVER 0.20% AND IF ACCOMPANIED BY A CHILD:

Is treated as a Gross Misdemeanor and may result in imprisonment for 1 year and or $3,000 fine. Your license will be revoked for 180 days. Your plates may be impounded and you may forfeit your vehicle. You may be imprisoned until your first appearance in court.

• A FIRST OFFENSE WITH BAC OF LESS THAN 0.20% AND IF ACCOMPANIED BY A CHILD:

Is treated as a Gross Misdemeanor and may result in imprisonment for 1 year and or $3,000 fine. Your license will be revoked for 90 days. Your plates may be impounded.

• A SECOND OFFENSE WITH ANY BAC LEVEL AND IF ACCOMPANIED BY A CHILD:

Is treated as a Gross Misdemeanor and may result in imprisonment for 1 year and or $3,000 fine. Your license will be revoked for 180 days. Your plates may be impounded and you may forfeit your vehicle. You may face imprisonment, highest bail and/or electronic monitoring. You may receive a notice that any more offenses will lead to cancellation of your license.

• OPEN ALCOHOLIC CONTAINER:

It is against the law to have an open container of an alcoholic beverage in a vehicle that is on a highway or a public street. It is also against the law to permit passengers to consume alcohol or keep a container of an alcoholic beverage open. 

IGNITION INTERLOCK IN MINNESOTA

An ignition interlock device connects to your vehicle’s ignition system and does not allow you to start your car if your BAC is over a certain limit. You may have the option to have an ignition interlock device installed to be able to drive during your Minnesota driver’s license suspension period.

You may be required to have an ignition interlock device installed in your vehicle if you:

• Committed a DWI for the 1st time with a BAC of 0.16% or higher.
• Committed a DWI for the 2nd time.
• Committed 3 DWIs or more in 10 years.

Depending on the number of DWI/DUI offenses you’ve committed, you must keep the ignition interlock device in your car for 1 year to 6 years.

For more information about ignition interlock devices and your driving privileges, please contact the Minnesota Department of Public Safety (DPS) or visit the ignition interlock page on the DPS website.

• You will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer for any detectable amount of alcohol will also issue you an “out-of-service” order valid for 24 hours.
• You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
• You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
• Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the Department of Public Safety – Division of Driver and Vehicle Services, once the period of suspension or revocation is over. Reinstating a license after a suspension of 1 year, or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

• To complete the reinstatement requirements, you must prove that you have successfully completed the state approved treatment program or a comparable program, pay the reinstatement fee of $680, undergo a knowledge test for DWI, chemical assessment and maintain proof of financial responsibility by filing SR-22, if required.
• If you are being convicted for a second time, it is mandatory for the court to order an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
• You can submit the reinstatement application and fees at a Department of Public Safety – Division of Driver and Vehicle Services office near you.

For further reading, the official Minnesota DVS website offers a guide to DWI penalties. If you have been charged with or convicted of DWI, you might also want to hire an attorney to represent you.

For a complete list of the criminal and administrative penalties you may face for subsequent DWIs, please visit the Minnesota Department of Public Safety (DPS) website.