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DUI Laws in Minnesota | MN DUI Law
DWI Laws in Minnesota

 

DWI LAW

 

 

If you or someone you know has been charged with the crime of DWI it is important that you have some general understanding of Minnesota DWI laws. We have created this website to help you understand some of the basics involved in a DWI, but because of the complex and constantly evolving nature of DWI law, it is extremely important that you contact a qualified DWI attorney to help you better understand the intricacies involved in a DWI case.

 

DWI is no different than any other criminal case when it comes to the burden of proof.  There are a specific number of elements that make up the crime and you have to satisfy each individual element to be found guilty. If you have been charged with DWI, you are the Defendant and the State of Minnesota is the Prosecutor.  The state must prove, beyond a reasonable doubt, that you have met each and every element of the offense of DWI.

 

DWI laws in Minnesota, as codified by Minnesota Statute §169A.20 makes it a crime:

 

To drive, operate, or be in physical control of a motor vehicle on the roadways or boundary waters of the State of Minnesota:

 

  1. When under the influence of alcohol;
  2. When under the influence of a controlled substance;
  3. When 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;
  4. When under the influence of a combination of any two or more of the elements named in (1), (2) and (3) above;
  5. When having an alcohol concentration of 0.08 or more as tested within two hours of the time of driving, operating or being in physical control of the motor vehicle
  6. When the vehicle is a Commercial motor vehicle (CDL) and having an alcohol concentration of 0.04 or more as tested within two hours of the time of driving, operating, or being in physical control of the commercial motor vehicle
  7. When the person’s body contains any amount of a controlled substance listed in schedule I or II other than marijuana or tetrahydrocannabinols
  8. When the person refuses to submit to a chemical test of the person’s blood, urine or breath under §169A.52

 

The State need only show one of the above-mentioned sections to Minn. Stat. §169A.20.  In most cases a person is charged with more than one of these offenses, however, there will usually only be one penalty imposed if you are found guilty of a DWI.

 

 

ELEMENTS OF THE CRIME OF DWI

 

 

1) Driving, Operating or Physical Control

 

The Minnesota Supreme Court has defined ‘Physical Control’ as: “being in a position to exercise dominion or control over the vehicle”.  State v. Starfield, 481 N.W.2d 834 (Minn. 1992).

 

Generally, driving or operating a motor vehicle requires proof that the ignition was on.  However, it is also a crime in Minnesota to be in physical control of a stopped, parked or temporarily inoperable vehicle.

 

Generally, you are in physical control of a vehicle if you are in a position where you could operate the vehicle, but is not limited to situations where you may be near a motor vehicle, sleeping in a motor vehicle, or appear to have the intent to operate the motor vehicle in the very near future. Even if the keys are located somewhere other than in the ignition such as your pocket, in the immediate vicinity or located in a vehicle compartment, you can still be charged with DWI.  There are many factors involved in this element and it is important to consult with an experienced DWI attorney to discuss your specific issues.

 

2) Motor Vehicle

 

A motor vehicle is broadly defined to include every vehicle that is self-propelled by some form of machinery.  This includes motorboats, snowmobiles, ATV’s, aircrafts.  Even golf carts and riding lawnmowers can be considered motor vehicles.

 

3) Roadways or Boundary Waters of the State of Minnesota

 

DWI law applies everywhere in the State of Minnesota, including private property.

 

4) While Impaired

 

It is not a crime to consume alcohol and then operate a motor vehicle. The crime occurs when the alcohol impairs the person’s ability or capacity to operate a vehicle.  The law states specifically that anyone with a BAC of 0.08 or more is legally impaired.  A person’s Blood Alcohol Concentration or “BAC” can be ascertained by means of a Breath, Blood or Urine test.  If a test results shows a BAC of 0.08 or more, you can be found in violation of DWI law “per se”.  This means you can be convicted of a DWI based on proof of your BAC alone.  This is the most common method of showing impairment in a DWI case; however, you need not have a 0.08 BAC or more to be arrested for DWI.  In cases where your alcohol concentration is below the legal limit you can still be convicted of a DWI as long as the State shows that your ability or capacity to drive was impaired to some degree.

 

 

DEGREES OF DWI

 

 

If you are charged with a DWI you will generally have two charges against you.  The first is the core DWI statute §169A.20 discussed above.  You will also be charged according to the appropriate criminal penalty statute associated with your specific case.  There are four levels (degrees) of DWI charges in the State of Minnesota all dependent on the amount of aggravating factors present at the time of the new offense or if you refused to take an evidentiary test.

 

Aggravating Factors

 

  1. Prior DWI conviction within the last 10 years;
  2. Alcohol Concentration of 0.20 or more;
  3. Having a child under the age of 16 in the vehicle at the time of the offense

 

Test Refusal

 

If you have been stopped for suspicion of DWI, the officer may perform a number of tests such as observation, field sobriety tests or administer a PBT on the scene.  Once the officer believes he has enough information to support his suspicion he will detain you and bring to a police station, county detention facility or hospital where he will ask you to take an “evidentiary” test of your blood, breath or urine.  As per Minnesota’s Implied Consent law, you must take one of those tests or you will be charged with a Test Refusal.

 

IMPORTANT NOTE: Do not mistake the PBT for an “evidentiary” breath test. It is important that you know that a PBT is not an “evidentiary” test for the purposes of determining a person’s BAC.  A PBT is a probable cause tool used by the officer to support his reasonable suspicion that you are impaired.  If you are offered a breath test at the police station you are required to it or you can be charged with a Test Refusal, even if you already took a PBT.

 

 

Fourth Degree DWI

 

 

A Fourth Degree DWI is a misdemeanor generally associated with first time DWI offenders.  It is the lowest level of DWI a person can be faced with in the State of Minnesota.

 

A Fourth Degree DWI occurs when the offender has:

  1. No aggravating factors present; and
  2. No Test Refusal

A Fourth Degree DWI misdemeanor is punishable by:

  1. Up to 90 days in jail and a $1000 fine
  2. Civil sanctions

 

 

Third Degree DWI

 

 

A Third Degree DWI is a gross-misdemeanor.

 

A Third Degree DWI occurs when the offender has:

  1. One (1) aggravating factor present; or
  2. Test Refusal

A Third Degree DWI gross-misdemeanor is punishable by:

  1. Up to One (1)-year in jail and a $3000 fine (There is a mandatory minimum of 30 days in jail if the offender has one prior DWI or one prior alcohol related driver’s license revocation present in last 10 years)
  2. Civil sanctions include possible license plate impoundment

 

 

Second Degree DWI

 

A Second Degree DWI is a gross-misdemeanor.

 

A Second Degree DWI occurs when the offender has:

  1. Two (2) or more aggravating factors present; or
  2. Test Refusal accompanied by 1 aggravating factor

A Second Degree DWI gross-misdemeanor is punishable by:

  1. Up to one (1)-year in jail and a $3000 fine (There is a mandatory minimum of 30 days in jail if the offender has one prior DWI or one prior alcohol related driver’s license revocation present in last 10 years / There is a mandatory minimum of 90 days in jail if the offender has two prior DWI’s or two alcohol related driver’s license revocations in last 10 years)
  2. Civil sanctions include possible forfeiture of the vehicle involved and impound the license plates

 

First Degree DWI

 

 

A First Degree DWI is a felony.

 

A First Degree DWI occurs when the offender has:

  1. Three (3) or more prior DWI’s in the last 10 years; or
  2. One (1) prior felony DWI, criminal vehicular homicide or criminal vehicular operation

A First Degree DWI felony is punishable by:

  1. Up to Seven (7)-years in jail and a $14,000 fine
  2. There is a mandatory minimum of Three (3)-years in jail
  3. Civil sanctions include possible forfeiture of the vehicle involved and impound the license plates

 

 

TWO CASES IN ONE

 

 

Criminal v. Civil

 

When you are charged with a DWI you must be prepared to take on two separate cases.  There are criminal and civil cases that occur at different times during the DWI proceeding.  The court process involve different courts, judges and prosecutors; separate legal issues and can result in different consequences or penalties.  For example, even if you win in the criminal portion of your case, a different civil outcome will reflect an alcohol related offence on your record that will affect your insurance and can have an aggravating affect should you ever be charged with another DWI in the future.

 

Criminal

 

The Criminal case involves the actual DWI, which includes the stop, arrest, evidence collected against you and whether your Constitutional rights were justly preserved.

 

Potential criminal consequences may include:

  1. Jail
  2. Fines
  3. Permanent Criminal Record
  4. Probation or Parole
  5. Mandatory Chemical Evaluations
  6. Chemical Dependency Programs (i.e. MADD victims panels, AA, etc.)
  7. Court Ordered Abstentions from Drugs or Alcohol
  8. Random Urine/Breath Testing

 

Civil

 

The Civil case, or the Implied Consent proceeding, arises out of the Minnesota Implied Consent Law. The Department of Public Safety (DPS) can take actions against a person’s driver’s license, license plates and possibly the vehicle involved in a DWI offense.  These takings by the DPS trigger a separate civil suit against the Defendant in a DWI case.

 

Potential Civil consequences may include:

  1. Driver’s license revocation
  2. Driver’s license cancellation
  3. License plate impoundment
  4. Vehicle forfeiture
  5. Driver’s License Record affected (leading to High Risk Insurance)

 

Only an experienced DWI attorney can explain to you whether any of your rights were preserved or violated throughout the entire DWI process.  Do not assume anything or leave anything to chance.  It is vital that you contact an experienced DWI attorney to analyze and explain to you how each of the above issues may apply to your individual case.