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DWI FAQ
What is the difference between ‘DUI’ and ‘DWI’?
‘DUI’ means ‘Driving Under the Influence’ and may or may not include any specific alcohol level. A prosecutor in a DUI case typically only needs to show that the driver was impaired by alcohol. In Minnesota, we currently use the term ‘DWI’, or ‘Driving While Impaired’. This term was adopted by the Minnesota legislature to incorporate the 0.08 Blood Alcohol Level and to include all forms of impairment, including alcohol or drugs. For more information visit our “DWI Terminology” page
Can I still be arrested and charged with DWI if my Blood Alcohol Concentration (BAC) is less than 0.08?
Yes. If the arresting officer believes you are exhibiting signs of being under the influence and/or are impaired you can still be arrested and charged with a DWI even if your BAC is less than 0.08. For more information visit our “Levels of DWI Charges” page (LINK) Do I have to be driving a motor vehicle to be arrested for DWI?
The short answer is No. Minnesota DWI law makes it illegal to drive, operate or be in physical control of a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 or more. Being in physical control of a motor vehicle can sometimes mean having the keys in your pocket or in close proximity to your person if it is shown you could have operated or driven the motor vehicle in the near future. For more information visit our “Levels of DWI Charges” page. How long does a DWI or Implied Consent Conviction stay on my record?
A DWI or Implied Consent conviction will stay on your record for life and cannot be expunged (erased) from your driving record with the Department of Public Safety (DPS). Any DWI or Implied Consent convictions in the past ten (10) years can elevate a new DWI charge into a more severe category. For more information visit our “Levels of DWI Charges” and “DWI Penalties” pages. What kind of penalties will I face if I’m convicted of DWI?
The penalties you face for a DWI conviction depend on numerous factors unique to each individual. A general answer would be fines, loss of driving privileges and potential jail time. For more information visit our “DWI Penalties” page. How much alcohol will put me over the 0.08 BAC limit?
There is no way for anyone to tell you how much alcohol will put you over 0.08 BAC limit. There are a variety of factors that differentiate one person’s limit from another’s. Some of these factors include: gender; weight; intake of food and water; time; tolerance; and a variety of other medical and scientific factors too numerous to name. The best answer is simply not to drive after consuming any amount of alcohol or drugs. Where does a BAC limit mean?
It is a measure of impairment based on the level of alcohol in your blood. From your very first drink you could be considered to be impaired. At 0.01 – 0.03 BAC a driver’s ability to divide their attention or react to situations can be impaired, control over objects and steering can be impaired, and eye movement and emergency responses can be impaired. At 0.04 – 0.07 BAC, drivers experience a loss of coordination and the ability to process information. At 0.08, coordination, speed control, judgment and concentration are impaired. A good link to read about the effects on a person at specific BAC levels can be found at B.R.A.D.
Wouldn’t it just be easier for me to plead guilty and get it over with?
You should never concede your case without consulting an experienced DWI attorney. From the very moment you are arrested there are time-sensitive issues involved in your case that must be addressed or lost forever. If you are convicted of DWI you could face substantial jail time or monetary fees. These are just the criminal consequences and do not include the potential loss of your driver’s license, license plates, or even your vehicle (even if you owe money on it). Not to mention the non-legal consequences such as increased insurance rates. It’s worth it to you to consult with an experienced DWI attorney to understand all the potential consequences before accepting any deal with the criminal prosecutor and/or entering a plea of guilty to DWI. Please visit our extensive content page(s) to learn more about DWI in Minnesota or set up a free initial consultation with us before you make any important legal decisions on your own.
How much will a DWI defense cost?
We handle all criminal matters on a flat fee basis. During your initial consolation with us we will determine what your fee is based on your specific legal issues and what work you want us to do.
What are the penalties for DWI?
There are four degrees (or levels) of DWI offenses in Minnesota, each with different potential consequences and dependent on specific situations including: prior alcohol related offenses; evidentiary test refusal; BAC level; child endangerment; Criminal Vehicular Operation (CVO); or Criminal Vehicular Homicide. Please visit our ‘DUI Penalties’ page or visit the Minnesota Statutes Revisor.
Fourth (4th) Degree DWI: This a misdemeanor DWI charge and occurs when a person has there first DWI with a BAC under 0.20 and has submitted to an evidentiary test. Potential consequences include, but are not limited to: up to 90 days in jail; a $1,000 fine and loss of driving privileges.
Third (3rd) Degree DWI / Refusal: This a gross misdemeanor DWI charge when a person has one (1) prior alcohol related offense in the past ten (10) years or a first time DWI with a BAC of 0.20 or more or if that person refused to submit to an evidentiary test. Potential consequences include, but are not limited to: up to one (1) year in jail; a $3,000 fine and loss of driving privileges.
Second (2nd) Degree DWI / Refusal: This is also a gross misdemeanor DWI charge when a person has a combination of two (2) of the following factors: prior offenses within the last (10) years, BAC of 0.20 or more, or refusal to submit to an evidentiary test. A Second (2nd) Degree DWI has the same potential penalties as a Third (3rd) Degree DWI with the exception that you may also forfeit your vehicle.
First (1st) Degree DWI: This is a felony and the most serious DWI charge a person can face. A person can be charged with a First (1st) Degree DWI if they have three (3) or more alcohol related offenses within the past ten (10) years, been involved in an accident that causes substantial harm (CVO) or death (Criminal Vehicular Homicide).
Will I go to jail if I’ve been convicted of DWI?
There is always the possibility that you will face jail time if convicted of DWI. All levels of DWI offenses carry potential jail time and monetary fees. For more information visit our “DWI Penalties” page and the Minnesota Statutes Revisor.
If there was an accident involved when I was charged with a DWI, will the penalties be more severe?
It depends on whether there was any injury or death involved in the accident. If so, any serious injuries or death can certainly elevate your DWI offense to a more serious level leading to more severe criminal and civil consequences. If I lose my license in Minnesota can I still obtain a license in another state?
The short answer is probably not Will I lose my license if I am charged and convicted for DWI?
If you are convicted of DWI you will lose your license for a specific period of time. The revocation period depends on a number of factors such as: age; prior alcohol related offenses; evidentiary test refusal; a high BAC reading; and whether or not you were involved in an accident or child endangerment. How will my driver’s license be affected if I live in a different state?
If you are convicted of an alcohol related offense your driving privileges will be revoked in the state of Minnesota. Even if you don’t have a Minnesota driver’s license, the Department of Motor Vehicle (DMV) will receive notification that you have been revoked in Minnesota and it is a good possibility that your home state will receive this information and penalize you in accordance with their own laws and penalties. How do I apply for a work permit (Limited License)?
Depending on your specific situation, you may be eligible to apply for a work permit after a specified waiting period. The waiting periods in Minnesota range from 15 days to 180 days. Not everyone is eligible to obtain a limited license. If you are eligible, the reinstatement requirements are currently: You must take and pass the DWI test; pay the reinstatement fee (which is currently $680); reapply for a driver’s license and pay an $18.50 application fee; and finally meet with a driver evaluator who will review with you where and when you will be allowed to drive. For more information visit our “Driver’s License Revocation” page. Will I have to take alcohol related classes if I’m convicted of DWI or an alcohol related offense?
Most counties in Minnesota will require you to partake in some alcohol related classes if you are convicted of a DWI. This will depend on the recommendations of your Chemical Use Assessment. Why was the legal limit changed from 0.10 to 0.08?
The federal government threatened to withhold $20 million for building construction and state / local road improvement unless the State of Minnesota changed it’s BAC limit to 0.08 in 2003.
Will burping, swallowing mouthwash or recently regurgitating affect a breath test?
It is highly probable that the breath machine obtained an alcohol sample from your mouth or stomach rather than your lungs resulting in an inaccurate reading. Are there ways to cheat the roadside breath test (PBT)?
No. There are no methods to alter the BAC result of the Portable Breath Test (PBT) administered by officers during roadside sobriety testing. |
