| Minnesota Underage DWI |
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In Minnesota, it is a crime for anyone under the age of twenty-one (21) to drive, operate, or be in physical control of a motor vehicle while consuming or after having consumed alcohol. Minn. Stat. § 169A.33 (2007). This law is referred to as the ‘Not a Drop’ law because it makes it illegal for any individual under the age of 21 to consume any amount of alcohol and then operate a motor vehicle. Underage individuals will face penalties under both the Underage Drinking and Driving Statute (§ 169A.33) as well as normal DWI penalties. Burden of Proof The State normally has to show that the driver was operating a motor vehicle while under the influence by showing a Blood Alcohol Concentration (BAC) or 0.08 or more*. If you are underage, the State only needs to show that you had any amount of alcohol in your blood. *You can still be found guilty of a DWI with a BAC of 0.04 or more under circumstances Aggravating Factor In a DWI case, any prior history of DWI offenses can enhance the criminal level of subsequent DWI charges. However, a prior underage drinking and driving conviction will not enhance any future DWI convictions. Criminal Penalties A first time underage drinking and driving offense is generally punishable as a misdemeanor, punishable by a maximum of 90 days in jail and a $1000 fine. The main difference between a DWI and an underage drinking and driving conviction is the driver’s license sanctions the convicted individual faces. A first time underage drinking and driving conviction for an individual between 18 and 21 years of age will result in a loss of driving privileges for 30 days. Any additional underage drinking and driving violations results in a loss of driving privileges for 180 days. Individuals convicted of two or more underage drinking and driving offenses will be unable to obtain a limited license for a minimum of 90 days. Those individuals who are under the age of 18 convicted of underage drinking and driving will be unable to obtain a temporary or provisional driver’s license until that individual: (1) reaches the age of 18; (2) completes an additional three months experience operating a motor vehicle; (3) completes a formal course of driving instruction; (4) completes the written examination for a driver’s license with a passing score; and (5) complies with other laws for reinstatement of a provisional driver’s license. In May 2004, a law went into effect referred to as “Vanessa’s Law” in memory of Vanessa Weiss, who was killed in May 2003 just days before her 16th birthday. She was a passenger in a vehicle driven by an unlicensed 15-year-old. Provisions of this law apply to drivers under age 18. An unlicensed teen who received a crash-related moving violation or an alcohol/controlled substance-related violation (a violation of one or more statutes, including: DWI; Implied Consent; Open Bottle; or Underage Drinking and Driving ‘Not a Drop’ Law) cannot be given a license, including an instruction permit or provisional license, until age 18. When this person turns 18, s/he must pass the driver’s license knowledge test, obtain an instruction permit and hold it for at least six months, and then pass the road test. A provisional license holder whose driving privilege was revoked due to a crash-related moving violation or an alcohol/controlled substance-related violation cannot regain a license until age 18. At that time, the person must complete the following steps to obtain a full driver’s license:
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