Minnesota's DWI Law states that it is a crime:
- to drive, operate or be in control of any
motor vehicle (any vehicle including a lawnmower) anywhere in the state (not just on road) while:
to refuse to submit to a chemical test of the person's blood, breath or
Minnesota Statutes ,section 169A.52 which the Implied Consent Law.
- under the influence of alcohol , a
controlled substance, or (knowingly) a hazardous substance, or any
combination of these;
- having an
alcohol concentration (AC) of .08 (.08 means .08 percent of
alcohol concentration, which is 8/10,000ths by volume) or more at the
time, or within two hours, of driving, operating or controlling a motor
- 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 vehicle having an alcohol concentration of .04 or more at the
time, or within two hours or the time of the driving conduct; or
Criminal Penalty Enhancement - Criminal penalties can be increased when
there are aggravating factors present when the crime was committed.
- No aggravating factors: 4th Degree DWI, misdemeanor (maximum penalties
of $1,000 fine and 90 days in jail);
- One aggravating factor: 3rd Degree DWI, gross misdemeanor (maximum
penalties of $3000 fine and one year in jail);
- Two aggravating factors: gross misdemeanor (maximum penalties of
$3000 fine and one year in jail)
- Three or more aggravating factors: felony (maximum penalties: seven
years incarceration in prison and a $14,000 fine).
Aggravating Factors include:
- a qualified impaired driving incident within the preceding ten years;
- an alcohol concentration of .20 or more upon arrest (but not for a
felony, 1st degree DWI); and
- presence of a child under the age of 16 n the vehicle, if more than 36
months younger than the offender (but not for a felony, 1st Degree DWI).
A Prior Qualified Impaired Driving Incident includes:
- a prior impaired driving conviction; and
- a prior driving impaired related license revocation or cancellation
(implied consent revocations).
The prior qualified incidents must be separate incidents within the preceding
ten years but may involve any kind of motor vehicle including a passenger motor
vehicle, a school bus, a commercial motor vehicle, an airplane, a snowmobile, an
all terrain vehicle, off road vehicles or a motorboat.
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Minnesota DWI/DUI Center
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