Part 24: Driving While Intoxicated or Under Influence

Understanding Minnesota’s Laws on Driving While Intoxicated (DWI) and Under the Influence (DUI)

Driving while intoxicated (DWI) or under the influence (DUI) is a serious offense in Minnesota, with strict laws and penalties designed to protect everyone on the road. Whether it involves alcohol, drugs, or other impairing substances, getting behind the wheel while impaired poses significant risks to yourself and others. Understanding Minnesota’s DWI/DUI laws can help you avoid dangerous decisions and legal consequences.

In this blog, we’ll explore Minnesota’s laws regarding impaired driving, the penalties for violations, and how to make safe choices.

What Constitutes a DWI in Minnesota?

In Minnesota, you can be charged with a DWI (Driving While Intoxicated) if you:

  1. Have a Blood Alcohol Concentration (BAC) of 0.08% or Higher:
    • This is the legal limit for most drivers.
    • For commercial vehicle drivers, the limit is 0.04%.
    • For drivers under 21, the legal limit is zero tolerance.
  2. Are Impaired by Drugs or Alcohol:
    • A driver can be charged even if their BAC is below 0.08% if they show signs of impairment.
    • This includes prescription medications, over-the-counter drugs, and illegal substances.
  3. Refuse a Chemical Test:
    • Minnesota’s implied consent law requires drivers to submit to breath, blood, or urine tests if suspected of DWI. Refusal results in immediate penalties.

DWI Penalties in Minnesota

Minnesota has a tiered penalty system based on the number of offenses and the severity of the incident.

First Offense:

  • Misdemeanor: Up to 90 days in jail and/or a $1,000 fine.
  • License Suspension: 90 days (30 days if pleading guilty).
  • Ignition Interlock Device (IID): Required for some offenders.
  • Alcohol Education Programs: Mandatory attendance.

Second Offense:

  • Gross Misdemeanor: Up to one year in jail and/or a $3,000 fine.
  • License Suspension: One year.
  • Vehicle Forfeiture: Possible for repeat offenders.
  • IID Program: Required for license reinstatement.

Third Offense:

  • Gross Misdemeanor: Up to one year in jail and/or a $3,000 fine.
  • License Cancellation: Until rehabilitation requirements are met.
  • Vehicle Forfeiture: Mandatory.
  • Chemical Dependency Assessment: Required.

Fourth Offense or More:

  • Felony DWI: Up to seven years in prison and/or a $14,000 fine.
  • License Cancellation: Indefinite until rehabilitation.
  • Vehicle Forfeiture: Mandatory.

Aggravating Factors That Increase Penalties

Certain circumstances can elevate a DWI charge to a more serious offense:

  1. High BAC: A BAC of 0.16% or higher doubles the penalties.
  2. Child Endangerment: Driving with a minor in the car increases charges and penalties.
  3. Previous Offenses: Repeat offenders face harsher consequences.
  4. Injury or Death: Causing an accident while impaired can lead to felony charges.

Minnesota’s Implied Consent Law

Minnesota law requires drivers to consent to chemical testing if suspected of DWI. Refusing a test results in:

  • License Revocation: One to six years, depending on prior offenses.
  • Criminal Charges: A test refusal can lead to additional penalties similar to a DWI conviction.

The Impact of a DWI on Your Life

Beyond legal penalties, a DWI conviction can have lasting effects on your life:

  • Increased Insurance Rates: Expect higher premiums or difficulty obtaining coverage.
  • Employment Issues: Jobs requiring a clean driving record or commercial license may be affected.
  • Travel Restrictions: Some countries, like Canada, may deny entry to individuals with DWI convictions.
  • Financial Strain: Legal fees, fines, and treatment programs can be costly.

How to Avoid a DWI in Minnesota

  1. Plan Ahead:
    • Use a designated driver, rideshare service, or public transportation if you plan to drink.
  2. Understand Medication Side Effects:
    • Check labels and consult your doctor about how medications may impair your ability to drive.
  3. Stay Informed:
    • Know the legal limits and how alcohol or drugs can affect your ability to operate a vehicle.
  4. Utilize Ignition Interlock Devices (IID):
    • These devices prevent the vehicle from starting if alcohol is detected on the driver’s breath.

What to Do If Stopped on Suspicion of DWI

  1. Pull Over Safely:
    • Stop in a safe location and turn off your engine.
  2. Cooperate Respectfully:
    • Provide your license, registration, and insurance information.
  3. Understand Your Rights:
    • You have the right to remain silent but must comply with chemical testing under Minnesota’s implied consent law.
  4. Seek Legal Representation:
    • Contact an attorney immediately if you are charged with a DWI.

Conclusion

Driving while intoxicated or under the influence is a serious offense with severe consequences in Minnesota. By understanding the laws and making safe choices, you can protect yourself, others, and your driving privileges. Always plan ahead, avoid impaired driving, and make Minnesota’s roads safer for everyone.

If you or someone you know struggles with impaired driving, resources like the Minnesota Department of Public Safety and local support groups can help. Stay responsible and make the choice to drive sober.