MINNESOTA DWI TEMPLATE

Blood Alcohol Level (BAC) for a DWI in Minnesota: Standard BAC: .08% or above Zero Tolerance BAC: .00% or above Commercial Drivers: .04% or above High BAC: .20% or above

Implied Consent and Chemical Test Refusal: Minnesota assumes that if you are operating a motor vehicle on Minnesota roads you have consented to a blood, breath, or urine test to determine your BAC. An officer will perform one of these chemical tests if he suspects that you are driving under the influence of alcohol. If you refuse the test, your license will be suspended for 1 year.

Seek counsel from a Minnesota lawyer who focuses on DWI cases. Minnesota rules for DWI cases can vary from county to county, so hiring a lawyer who knows the local laws is imperative to success in defending your case. Find Minnesota DWI lawyers here.

DWI Arrest-Civil Case

Potential Penalties:

• License Suspension:
  • First DWI Conviction: Your license may be suspended for up to 90 days. If your BAC was above .20%, or if one of the passengers in your car was under 16, your license may be suspended for 180 days.
  • Second DWI Conviction: The court may suspend your driver’s license for 180 days, or 360 days if your BAC is .20% or above, or if there is someone under the age of 16 in the car at the time of your arrest.
• Monetary Fines:
  • First DWI Conviction: $1,000.
  • Second DWI Conviction: $3,000.
• Community Service: The court can stay a jail sentence and instead require the DWI offender to perform 2 years of community service after his first DWI, or 6 years after his second DWI.
• Probation: Repeat DWI offenders will be sentenced to probation. The court can sentence a first time DWI offender to probation at its discretion.
• Motor Vehicle Impoundment: Yes, after your second DWI, for 1 year, or at the court’s discretion.
• Ignition Interlock
  • First DWI: Possible if the court directs. Effective in 2010, if you have a BAC of .16% or higher, you must have an ignition interlock device installed. If you refuse to have the device installed, you will lose your driving rights for 1-6 years.
  • Second DWI: Yes, if the court orders.
• Prison Time:
  • First DWI: Up to 90 days.
  • Second DWI: Up to 1 year.

Aggravating Factors

The following are aggravating factors in Minnesota:

• If your BAC is .20% or more
• If the DWI occurs within 10 years of another impaired driving conviction
• If there was someone under 16 years old in the vehicle
• If your license had been cancelled prior to your arrest

DWI Arrest-Criminal Charges

Criminal convictions for drunk driving in Minnesota result in severe penalties. Because of these penalties, it is essential that you get advice from a Minnesota criminal lawyer.

Potential Criminal Consequences:

• First DWI Conviction: Your first drunk driving conviction in Minnesota is considered a misdemeanor.
• Second DWI: Your second Minnesota drunk driving conviction is considered a gross misdemeanor.
• Fourth DWI: Your fourth DWI in 10 years in Minnesota is a felony.

Reinstating Your License After DWI Conviction: To have your license reinstated after a DWI conviction in Minnesota, you must pass a written examination which focuses on DWIs, pay a $680 fine and a reapplication fee of $18.50, and fill out a reinstatement application.

Effect of DWI on Car Insurance: After a DWI conviction in Minnesota, you must have your insurance company file a SR-22 insurance form with the Minnesota DMV. This form signifies your financial responsibility. It can be very costly to obtain SR-22 insurance after you have been convicted of a DWI, and many insurance providers may refuse to insure you or charge you significantly higher premiums.

Effect of DWI on Driving Record: A DWI will stay on your driving record for at least 10 years, but can remain on your record indefinitely if you are convicted of a more serious alcohol related transgression.

Under 21 and DWI: Minnesota provides, in its Zero Tolerance Law, that a driver under the age of 21 with a BAC of .02% or above will have his license suspended for 6 months, and be subjected to the same criminal penalties as an adult.

Minnesota Resources

Minnesota Department of Public Safety-Driver and Vehicle Services Division

Minnesota Statutes