DWI/DUI - Drunk Driving Laws And Attorneys In Minnesota
| A comprehensive guide to drunk driving laws, penalties, fines and attorneys. |
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Under the implied consent law in Minnesota, if a law enforcement officer
has probable cause to believe a driver is impaired and is operating or in
physical control of a motor vehicle, the driver is required to submit to a
test of his or her blood, breath, or urine. It is a crime to refuse to submit
to this test. Refusal to take the test will result in a one year revocation of
driving privileges.
A driver who is found to have an alcohol concentration of 0.08 or above,
or who refuses to take a test to determine an alcohol concentration,
will receive a seven day temporary license. At the end of the seven day
period, the offenderʼs drivers license will be revoked.
DUI / DWI Conviction Penalties
Penalties associated with an alcohol related revocation of a drivers
license include a $680 reinstatement fee and completion of a DWI
knowledge test, drivers license application, and a chemical
assessment.
Each offense has criminal penalties in addition to administrative
sanctions, depending on the arrest situation, previous driving violations,
and criminal record. Penalties will be more severe if the driver has prior
DWI arrests, has an alcohol concentration of 0.20 or above, has a child
younger than 16 years of age in the vehicle at the time of the stop, is
under 21 years of age or refuses a pre arrest breath test.
First Offense
a) Minimum of 90 day revocation (30 days if individual pleads guilty
to DWI).
b) No work permit will be issued until a 15 day revocation period has
passed, and until reinstatement requirements have been met.
c) 90 days in jail and/or $1,000 fine.
Second Offense
a) Minimum 180 day license revocation if second offense occurred
within 10 years of the first offense.
b) A work permit will be issued when half the revocation time has
passed and reinstatement requirements have been met.
c) One year in jail and/or $3,000 fine.
d) License plates are impounded.
Third Offense
a) Loss of license for a minimum of one year.
b) No work permit will be issued until a minimum of one year has
passed, and all reinstatement requirements have been met.
c) License is cancelled.
d) Treatment and rehabilitation (proof of abstinence for a minimum
of one year), and lifetime abstinence is required after reinstatement.
e) One year in jail and/or $3,000 fine.
f) Vehicle is forfeited and license plates are impounded.
g) Jail or maximum bail and electronic monitoring.
Under 21 Offenses
It is illegal for a person under age 21 to operate a motor vehicle with any
detectable amount of alcohol in their system in Minnesota. If convicted of
this offense you will have your driving privileges suspended for 30 days.
A second conviction will result in suspension of driving privileges for 180
days.
Felony DWI
You may be charged for a felony DWI if you are arrested for: a fourth
DWI in a 10 year period; have previously been convicted of a felony
DWI; have been convicted of criminal vehicular homicide while under
the influence of alcohol or drugs. A fourth offense may result in a loss
of license for four years and until rehabilitation and other reinstatement
requirements are met. The criminal penalties for felony DWI can include
a sentence of up to seven years in prison with a five-year conditional
release and a $14,000 fine.
Commercial Drivers License and Alcohol
You will lose your commercial driverʼs license for at least one year on
the first offense if you drive a commercial vehicle when your alcohol
concentration is 0.04 or more. If your alcohol concentration is less than
0.04, but detectable, you will be put out of service for 24 hours.
If the offense occurs while you are operating a commercial motor vehicle
that is placarded for hazardous materials, you will lose your commercial
drivers license for at least three years. A second offense will result in
permanent loss of your commercial drivers license. Using a commercial
motor vehicle to commit a felony involving controlled substances will
result in permanent loss of your commercial driverʼs license. Drivers
who have a commercial license and are arrested for impaired driving in
a passenger vehicle will be unable to obtain a work permit for
a commercial vehicle during the withdrawal period.
has probable cause to believe a driver is impaired and is operating or in
physical control of a motor vehicle, the driver is required to submit to a
test of his or her blood, breath, or urine. It is a crime to refuse to submit
to this test. Refusal to take the test will result in a one year revocation of
driving privileges.
A driver who is found to have an alcohol concentration of 0.08 or above,
or who refuses to take a test to determine an alcohol concentration,
will receive a seven day temporary license. At the end of the seven day
period, the offenderʼs drivers license will be revoked.
DUI / DWI Conviction Penalties
Penalties associated with an alcohol related revocation of a drivers
license include a $680 reinstatement fee and completion of a DWI
knowledge test, drivers license application, and a chemical
assessment.
Each offense has criminal penalties in addition to administrative
sanctions, depending on the arrest situation, previous driving violations,
and criminal record. Penalties will be more severe if the driver has prior
DWI arrests, has an alcohol concentration of 0.20 or above, has a child
younger than 16 years of age in the vehicle at the time of the stop, is
under 21 years of age or refuses a pre arrest breath test.
First Offense
a) Minimum of 90 day revocation (30 days if individual pleads guilty
to DWI).
b) No work permit will be issued until a 15 day revocation period has
passed, and until reinstatement requirements have been met.
c) 90 days in jail and/or $1,000 fine.
Second Offense
a) Minimum 180 day license revocation if second offense occurred
within 10 years of the first offense.
b) A work permit will be issued when half the revocation time has
passed and reinstatement requirements have been met.
c) One year in jail and/or $3,000 fine.
d) License plates are impounded.
Third Offense
a) Loss of license for a minimum of one year.
b) No work permit will be issued until a minimum of one year has
passed, and all reinstatement requirements have been met.
c) License is cancelled.
d) Treatment and rehabilitation (proof of abstinence for a minimum
of one year), and lifetime abstinence is required after reinstatement.
e) One year in jail and/or $3,000 fine.
f) Vehicle is forfeited and license plates are impounded.
g) Jail or maximum bail and electronic monitoring.
Under 21 Offenses
It is illegal for a person under age 21 to operate a motor vehicle with any
detectable amount of alcohol in their system in Minnesota. If convicted of
this offense you will have your driving privileges suspended for 30 days.
A second conviction will result in suspension of driving privileges for 180
days.
Felony DWI
You may be charged for a felony DWI if you are arrested for: a fourth
DWI in a 10 year period; have previously been convicted of a felony
DWI; have been convicted of criminal vehicular homicide while under
the influence of alcohol or drugs. A fourth offense may result in a loss
of license for four years and until rehabilitation and other reinstatement
requirements are met. The criminal penalties for felony DWI can include
a sentence of up to seven years in prison with a five-year conditional
release and a $14,000 fine.
Commercial Drivers License and Alcohol
You will lose your commercial driverʼs license for at least one year on
the first offense if you drive a commercial vehicle when your alcohol
concentration is 0.04 or more. If your alcohol concentration is less than
0.04, but detectable, you will be put out of service for 24 hours.
If the offense occurs while you are operating a commercial motor vehicle
that is placarded for hazardous materials, you will lose your commercial
drivers license for at least three years. A second offense will result in
permanent loss of your commercial drivers license. Using a commercial
motor vehicle to commit a felony involving controlled substances will
result in permanent loss of your commercial driverʼs license. Drivers
who have a commercial license and are arrested for impaired driving in
a passenger vehicle will be unable to obtain a work permit for
a commercial vehicle during the withdrawal period.
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