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DWI Laws in Minnesota

According to MN State Statue 169A.03, Minnesota’s DWI law states that it is a crime to:

1) drive, operate or be in control of any motor vehicle anywhere in the state while: under the influence of alcohol, a controlled substance, or (knowingly) a dangerous substance, or any combination of these; having an alcohol concentration (AC) of .08 (.08 means .08 percent alcohol concentration, which is 8/10,000ths by volume) or more at the time or within two hours thereafter; having any amount or the metabolites of a schedule I or II controlled substance, other than marijuana, in the body; or if the vehicle is a commercial motor vehicle, having an alcohol concentration of .04 or more at the time or within two hours of doing so; or

2) refuse to submit to a chemical test of the person’s blood, breath or urine under Minnesota Statutes, section 169A.52 (implied consent law).

Criminal penalties upon conviction for DWI are graded, as follows:

Fourth-Degree DWI – a misdemeanor, punishable by up to 90 days in jail and a $1,000 fine (for the person’s first impaired driving violation within ten years without a test refusal or any aggravating factors).

Third-Degree DWI – a gross misdemeanor, punishable by up to one year in jail and a $3,000 fine (for the person’s second impaired driving violation within ten years or first such violation with a test refusal or other aggravating factor).

Second-degree DWI – also a gross misdemeanor (for the person’s third impaired driving violation within ten years or second such violation with a test refusal or one other aggravating factor, or first such violation with two aggravating factors).

First-degree DWI – a felony, punishable by up to seven years in prison and a $14,000 fine (for the person’s fourth impaired driving violation within ten years or at any time following a prior felony DWI or felony vehicle operation conviction; other aggravating factors are not considered).

Aggravating Factor

This includes:

a qualifying previous impaired driving incident within the previous ten years; alcohol concentration of .20 or more after arrest (but not for first-degree DWI); and the presence of a child under age 16 in the vehicle, if more than 36 months younger than the offender (but not for first degree DWI).

Qualified Prior Impaired Driving

This includes both:

previous impaired driving convictions; and previous impaired driving-related losses of license (implied concentration recalls) or operating privileges for separate driving incidents within the previous ten years involving any type of motor vehicle, including a passenger motor vehicle, school bus or Head Start bus, commercial motor vehicle, aircraft. , snowmobile, all-terrain vehicle, off-road recreational vehicle or motorboat in operation.

Penalties

There are two agencies involved with a convicted impaired driver, the Court System and the Department of Motor Vehicles. The difference between the two systems is that the Court will hold the impaired driver responsible for breaking the law. The Department of Motor Vehicles will hold the impaired driver civilly liable because it is a privilege to drive a motorized vehicle.

Depending on the offense for which one is convicted, there are a number of sanctions that the Court will order the impaired offender to comply with. Generally, a person convicted of impaired driving will be placed on probation supervision and will be required to comply with some or all of the following conditions; serve time in jail, pay a court fine, probation fee, attend a Victim Impact Panel (otherwise known as “Mothers Against Drunk Driving”), complete a chemical dependency evaluation and follow all recommendations, remain law abiding and have no same or similar offense. , attend Alcoholics Anonymous and attend an educational or chemical dependency treatment program about impaired driving.

Again depending on the conviction, the Department of Motor Vehicles (DMV) will also impose sanctions before restoring driving privileges. The DMV may require any or all of the following conditions; attend a Victim Impact Panel (MADD), pay a reinstatement fine, attend an educational and chemical dependency treatment program, and attend Alcoholics Anonymous.

Regain driving privileges

If the impaired driver completes all the requirements for the DMV but cannot get their driver’s license reinstated because they have to wait a certain period before reinstatement, the individual can apply for and take advantage of the Minnesota Ignition Interlock program, administered by the Minnesota Department. of Public Safety Driver and Vehicle Services.

The Ignition Interlock program gives the DWI offender a chance to drive, ensuring public safety. The portable breathalyzer is installed in every vehicle the DWI offender owns and requires the driver to provide a breathalyzer before the vehicle starts. If alcohol is detected the vehicle will not operate.

The cost of the program ranges from $60-$125 per month. Installation fees and removal charges range from $100-$150

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