DUI Reference Guide

Minnesota DWI Laws

Minnesota DWI Laws

Minnesota law differs from those of other states in that if a person is stopped for allegedly driving under the influence of drugs and/or alcohol, he or she has the right to consult with an attorney before being required to submit to a chemical test to determine alcohol content.  However, if a person refuses to submit to a chemical test, he or she can be arrested and charged with a separate criminal offense. 

Drivers convicted of drunk driving under Minnesota law face penalties including jail time, fines, suspension of driver’s license, and/or mandatory alcohol education courses.  Punishment depends upon the seriousness of the charge.  However, even in cases where a driver is convicted of a first or second DWI offense, he or she can be sentenced to one year in jail and be required to pay a fine of $3,000.

The penalties for subsequent DWI offenses become more serious.  If a person is arrested for a third DWI offense, his or her car is impounded immediately, and the person is required to prove that he or she is not an alcoholic.  Under Minnesota law, a fourth DWI conviction is considered to be a felony, carrying a penalty of three years in prison and a minimum fine of $14,000.

Aggravating factors, which can result in stiffer penalties include blood alcohol content more than two times the legal limit or 0.20%; a prior drunk driving conviction within the last 10 years; and/or having a child in the vehicle at the time of the offense.

For subsequent offenses following a first DWI conviction, drivers may have license plates impounded by the state.  Law enforcement officers also may hold the suspect in jail until the first court appearance, particularly if the later offense involves a driver under the age of 19 or the new violation occurs within 10 years of 3 or more prior offenses.

Refusal to submit to a breath test if stopped for a possible DWI could result in license suspension for a period of 90 – 180 days depending upon mitigating factors, including prior DWI offenses.  In order to have the driver’s license reinstated, an individual is required to take and pass the written DWI / DUI driver's license test.  The driver is required to reapply for a license and pay all applicable fees, in addition to a reinstatement fee, the cost of which is $680.

Offenders with prior DWI convictions often are court ordered to attend alcohol education courses or complete an alcohol treatment program.  But no matter what the penalties, the DWI laws in Minnesota are becoming tougher.  A first degree DWI offense involving three or more aggravating factors is punishable by up to five years incarceration and a fine of $10,000.

A second degree DWI offense is charged if only two aggravating factors are involved and may include a penalty of up to one year in jail and a $3,000 fine.  If only one aggravating factor is involved, or the driver refuses to take a chemical test, a third degree DWI is charged.  In order to protect public safety, the driver’s license plates may be impounded and the driver held in jail until court appearance.  Fourth degree offenses in which there are no other aggravating factors involved incur a penalty of 90 days in jail and a $1,000 fine.

If you are suspected of driving under the influence of alcohol and/or drugs in the state of Minnesota, you should contact a DWI attorney.  In order to locate an attorney, you can search the yellow pages of the telephone book.  Online lawyer directories are also available.  Search for a lawyer who specializes in DWI law.  When using online directories you can select the area of law in which you are seeking a lawyer. 

Law offices that specialize in DWI cases have a better understanding of the laws pertaining to a DWI arrest and the court case that follows.  General law attorneys often do not have enough in depth knowledge of DWI law to provide you with the best representation.  

The DWI laws in Minnesota also allow a person to consult with their attorney if they are pulled over on suspicion of a DWI.  You can ask to speak with your lawyer and have your lawyer present before you agree to take any chemical tests.  Most other states do not allow drivers to have a lawyer at this point.