What does impaired driving involve in Minnesota?

In August, a captain of a Wisconsin sheriff’s office was pulled over in Minnesota on suspicion of driving under the influence. According to WISN.com, the woman initially refused a breath test but finally submitted to one, registering a 0.14 percent blood alcohol concentration. She could face as much as 90 days in jail, as a first-time DWI is a misdemeanor under Minnesota law.

All drivers across the state should have an understanding of how the state treats both the investigative process as well as a conviction. Knowing all the information can keep residents out of unnecessary trouble.

The substances

Alcohol is not the only substance that can warrant a driving while intoxicated charge. According to the state’s law, someone may face criminal charges if driving under the influence of controlled substances or any substance that the person knows could impair driving.

In order for drivers 21 and older to break the law while having alcohol in their systems, they must have a blood alcohol concentration at or above 0.08 percent. Drivers under the age of 21 may be charged if any alcohol is detected. When it comes to marijuana, the law states that any amount detected through proper testing will merit a DWI charge.

Taking the tests

All 50 states have an implied consent law, but Minnesota is just one of 11 that criminalizes refusing a blood, breath or urine test. Drivers who choose not to take the test may be subject to a fine and will lose their licenses for one year.

For those who take a test and fail, there may be severe penalties, such as the following:

  • A first offense merits up to 90 days in jail and fines of as much as $1,000, in addition to license suspension for up to 90 days.
  • A second and third offense may mean up to a year in prison and $3,000 in fines as well as license suspension.
  • A fourth offense can constitute as much as seven years in prison, a four-year license suspension and $14,000 in fines and penalties.

In every situation in which people are convicted of DWI, an ignition interlocking device will be placed on their vehicle in order to prevent drivers from turning on the car without first having to prove that they are not under the influence.

Minnesota law enforcement arrested nearly 25,000 people for impaired driving in 2012, the state’s Public Safety Department reports. Drivers who understand their rights may be equipped to avoid such circumstances.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The timeline for filing pre-trial motions in a criminal case in Minnesota varies with the type of motion. A motion related to the discovery of evidence or dismissal of a criminal case must be filed at least three days before the Omnibus Hearing. The prosecution is then allowed to respond to the motions, and the court sets the timeline for these responses.
Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.