Minnesota DWI
- Driving While Impaired
- It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state:
- When the person is under the influence of alcohol
- When the person is under the influence of a controlled substance
- When the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle
- When the person is under the influence of a combination of drugs, alcohol or a hazardous substance
- When the person's alcohol concentration at the time, or as measured within 2 hours of driving, operating, or being in physical control of the motor vehicle is 0.08 or more
- When the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more
- When the person's body contains any amount of a controlled substance other than marijuana or cannabis
- Refusal to Submit to Chemical Test
- It is a crime for any person to refuse to submit to a chemical test of the person's blood, breath or urine.
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Minnesota DWI Penalties
- There are four separate "degrees" of DUI offenses in Minnesota. These degrees illustrate that DWIs have varying levels of severity. The more "aggravating factors" that exist, the higher the degree of DWI charged.
- 1st Degree DWI (Felony)
- Charged if there are three or more aggravating factors such as:
- A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions)
- Blood Alcohol Content that is more than two times the legal limit (.20)
- Child endangerment exists (child (under the age of 16) was in the vehicle at the time of the offense)
- A 1st degree DWI is punishable by a minimum of 3 years in jail and a maximum of up to 7 years in jail and a $14,000 fine. The state will also impound the license plates of the driver and may also seek a forfeiture of the driver's vehicle (the state would retain the vehicle without compensation to the owner). The statute also requires law enforcement to hold the DWI suspect in jail until the first court appearance if:
- The new DWI violation occurs within 10 years of 3 or more prior impaired driving convictions; or
- The new DWI violation is the 2nd offense and the defendant is under 19 years of age; or
- The new violation occurs with a Blood Alcohol Concentration of .20 or more at the time or within 2 hours of the driving
- The new DWI occurs and the driver's license has been cancelled as contrary to public safety
- Second Degree DWI (Gross Misdemeanor)
- Charged if there are two aggravating factors such as:
- An impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions)
- Blood Alcohol Content that is more than two times the legal limit (.20)
- Child endangerment exists (child (under the age of 16) was in the vehicle at the time of the offense
- A 2nd degree DWI offense is punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. The statute also requires law enforcement to hold the DWI suspect in jail until the first court appearance if:
- The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions
- The new DWI violation is the 2nd offense and the defendant is under 19 years of age
- The new violation occurs with a Blood Alcohol Concentration of .20 or more at the time or within 2 hours of the driving
- The new DWI occurs and the driver's license has been cancelled as contrary to public safety
- Third Degree DWI (Gross Misdemeanor)
- Charged if the driver refused to take the breath, blood or urine test and it is a first offense or if there is one agravating factor such as:
- An impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions)
- Blood Alcohol Content that is more than two times the legal limit (.20)
- Child endangerment exists (child (under the age of 16) was in the vehicle at the time of the offense
- A 3rd degree DWI offense is punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. The statute also requires law enforcement to hold the DWI suspect in jail until the first court appearance if:
- The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
- The new DWI violation is the 2nd offense and the defendant is under 19 years of age; or
- The new violation occurs with a Blood Alcohol Concentration of .20 or more at the time or within 2 hours of the driving
- The new DWI occurs and the driver's license has been cancelled as contrary to public safety
- Fourth Degree DWI (Misdemeanor)
- Charged if there are no aggravating factors. That means no prior DWI or DWI-related license revocations. Additionally, the driver cannot have a blood alcohol concentration in excess of twice the legal limit (.20) or have refused to take a test to determine that blood alcohol content
- punishable by up to 90 days in jail and a $1,000 fine
- Repeat DWI Offenders
- Minnesota's DWI statute includes mandatory sentences for repeat offenders. Thus, an individual convicted of a DWI who already has prior DWI charge(s) faces required sentences including:
- 2nd DWI = 30 days jail sentence with a minimum of 48 hours of that sentence done in one period
- 3rd DWI = 90 days jail sentence with a minimum of 30 days of that sentence done in one period
- 4th DWI = 180 days jail sentence with a minimum of 30 days of that sentence done in one period
- 5th DWI = 365 days jail sentence with a minimum of 60 days of that sentence done in one period
- Driving Privileges
- A DWI conviction also affects an individual's driving privileges. Driver's licenses are revoked as follows:
- 1st offense: 90 days (180 days if over .20)
- 2nd offense within past 10 years: 180 days (360 days if over .20)
- f under the age of 21: 6 months (1 year if over .20)
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