DUI & DWI in Minnesota
Did you know that a 1.5oz shot of whiskey, a 5oz glass of wine, and 12oz bottle of beer all have the same amount of alcohol? This means just a couple beers, glasses of wine, or shots can put you over the legal limit and you could be arrested for and convicted of drunk driving – and you’ll need a Minnesota DUI attorney.
To provide background information and help you to formulate questions for your DUI DWI attorney, this article will outline:
- Minnesota DUI Laws
- Minnesota DUI Punishments
- Potential DUI Defenses
- Minnesota’s Other Drunk Driving and Alcohol Laws
- How to Find a Minnesota DUI DWI Attorney
When is a Driver Considered to be Legally Drunk in Minnesota?
The Minnesota Statutes contain Minnesota’s drunk driving laws.
In the state of Minnesota,you’re breaking the law if you’re a:
- Non-commercial driver and your BAC (blood alcohol content) is .08 or higher.
- School bus driver or a commercial driver and your BAC is .04 or higher.
- Under age 21 driver and your BAC is .02 or higher.
In addition, if your driving is impaired by any amount of alcohol or drugs, you cannot legally drive in the state of Minnesota.
What is Minnesota’s Punishment for DUI Convictions?
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1st Offense – jail time of up to 90 days – fines up to $1,000- driver’s license suspension for a minimum of 30 days — loss of commercial driver’s license – punishments significantly increased for “higher” BACs and/or having a child under the age of 16 in your car.
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2nd Offense within 10 Years – jail time of up to 90 days-community service for any days less than 30 days served in jail – fines up to $1,000 – driver’s license suspended for at least 180 days – loss of commercial driver’s license – ignition interlock – punishments significantly increased for “higher” BACs and/or having a child under the age of 16 in your car.
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3rd Offense within 10 years – jail time up to 1 year – fines up to $3,000 -driver’s license suspended for at least 1 year – loss of commercial driver’s license – ignition interlock- punishments significantly increased for “higher” BACs and/or having a child under the age of 16 in your car.
Minnesota Drunk Driving Defenses
This list illustrates potential DUI defenses your DUI DWI defense attorney will consider:
- Mistakes at trial such as improper evidence admitted or proper evidence refused – and improper jury instruction.
- Mistakes during the original traffic stop such as no probable cause or improper roadblock.
- Mistakes in evidence collection (i.e. Breathalyzer or blood test errors).
- Mistakes in evidence analysis.
- Mistakes in evidence presentation such as BAC report didn’t reflect scientific findings.
Minnesota’s Other Drunk Driving and Alcohol Laws
Dram Shop Statute Liability Insurance Required
Licensed drinking establishments must carry liability insurance to pay in the event it is held civilly liable for injuries caused by serving underage persons or visibly intoxicated persons.
Minnesota’s Providing Alcohol to Underage Persons Law
It is a crime to furnish alcohol to an underage person. If the underage person is injured or dies, you could go to jail for a year. If there is no injury, you’ll still face 90 days in jail and a $1,000 fine.
Minnesota’s Social Host Liability
If you serve anyone underage or allow them to drink on property you control, you are liable for injuries they cause to third parties.
How to Find a Minnesota DUI Attorney
To find a Minnesota DUI attorney and ask how a DUI lawyer can help you, search our website, www.attorneys.org, or ask friends or the bar association for a referral. You’ll get the DUI DWI defense you need.
