What Minnesota’s Not a Drop Law Could Mean for Your Case

Minnesota’s “Not a Drop Law” makes driving under the influence of illegal substances a crime for all drivers under the age of 21.

Underage Drunk Drivers Face Serious Penalties

Minnesota has strict policies and harsh penalties for underage drunk drivers. The state’s “Not a Drop Law” or “Zero Tolerance Law” makes it illegal for all drivers under the age of 21 to operate a motor vehicle while under the influence of substances. Under these laws, there is mandatory violation enforcement regardless of the driver’s level of impairment or extenuating circumstances.

States with zero-tolerance policies are allowed to impose penalties on all DWI infractions and violations without subjective judgment that considers the actions or behaviors of the driver. An underage driver with a Blood Alcohol Content (BAC) higher than zero can face the same penalties as an adult driver with a BAC of .08 or higher. Without proper defense by a DWI attorney, underage drivers convicted of DWI face steep penalties and possible jail sentences.

Under Minnesota’s Underage Drinking Law, drunk drivers under the age of 21 face additional DWI penalties. The Underage Drinking Law prohibits the following actions:

  • Consumption of alcohol without parental permission or supervision
  • Possession of alcohol with intention of consumption
  • Purchasing or attempting to purchase alcohol
  • Entering a liquor store with the intent to purchase alcohol
  • Entering a bar or nightclub with intent to purchase alcohol
  • Lying or misrepresentation of legal age to purchase alcohol

When teenage drunk drivers aged 16 and 17 violate DWI laws, they fall under the jurisdiction of Minnesota’s adult courts, not juvenile courts. If convicted of drunk driving, they are subject to the full range of adult DWI penalties. In addition, a DWI conviction will result in the loss of the minor’s driver’s license, and he or she will not be permitted to reapply for a license until 18 years of age. Minnesota’s Not a Drop Law prevents flexibility for juvenile DWI offenders who must be tried in adult courts.

Legal defense by a Minneapolis DWI attorney is important for any underage driver arrested for DWI. A charge and conviction can result in steep monetary fines, probation or jail time, confiscation of a vehicle, termination of car insurance, mandatory alcohol education classes, and community service requirements. Since a DWI conviction remains on record, it can impact future employment, housing, credit, and lifestyle for an underage driver.

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

A Santa Clara University study shows that over one million people in Minnesota have criminal records. In Minneapolis alone, 5,713 crimes are reported annually within an area of 100,000 residents. These criminal cases require the defendants to present evidence challenging the prosecutor's narrative. So, when does the defense present evidence in a criminal case? Your defense team presents evidence at the trial phase right after the prosecution team completes outlining the facts it intends to prove and how its evidence will prove you guilty.
Media attention and public scrutiny after conviction can hurt your personal and professional reputation, especially if your criminal case is high-profile. One of the questions you may ask is: How do I handle media attention and public scrutiny after conviction in Minnesota? You can do that by familiarizing yourself with your rights, having a witness present during a media interview, minimizing media consumption, and taking a break from social media. Building a strong support system and working closely with a criminal defense lawyer can help you handle or minimize the impact of public scrutiny.
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.