Minnesota DWI DUI Laws

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The maximum prescribed legal BAC limit in Minnesota is 0.08% per se
(effective from Aug 1st 2005)

(If you’ve been charged with Minnesota DWI - DUI, the law allows 30 days for your Minnesota DWI - DUI Lawyer to make a request with the Minnesota Department of Public Safety for a hearing to save your driving license)

DWI - DUI (Driving Under the Influence), DWI (Driving While Intoxicated) are terms used to describe drunk driving charges in the state of Minnesota.

Minnesota DWI - DUI Laws and BAC limits

ALL DRIVERS - BAC LIMIT = 0.08%
In the State of Minnesota it is crime for ANY driver to drive with a BAC (blood alcohol content - concentration) of 0.08% and above.

COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
It is a crime for commercial vehicle operators to drive with a BAC (blood alcohol content - concentration) of 0.04% or above.

MINOR (under the age of 21) - BAC LIMIT = 0.02%
It is a crime for persons under 21 years of age to drive with a BAC (blood alcohol content - concentration) of 0.02% or above.

It is a crime to refuse to submit to a chemical test in Minnesota and implied consent laws are enforced.

BLOOD ALCOHOL CONTENT CALCULATOR Calculate your BAC using our calculator, know your legal drunk driving limits and stay safe!!

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Penalties for DWI - DUI - Drunk Driving in Minnesota

Minnesota is a state with a ten-year ‘washout period,’ also known as a 'look back period', this means that a prior conviction is not admissible after ten years. If it is ten years and one day since a driver was convicted of DWI - DUI, that driver will be considered a first-time offender. If a driver commits a DWI - DUI within ten years of the first DWI - DUI, they are considered guilty of a second offense and are subjected to harsher punishments.

First DWI - DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a first DWI - DUI - drunk driving conviction in Minnesota:

• up to $1,000 fine
• up to 90 days in jail
• 90 days drivers license suspension (possible reduction to 30 days if plead guilty to DWI)
• 6 months drivers license suspension if aged under 21 years of age
• possible ignition interlock restriction

If your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.

Second DWI - DUI - Drunk Driving Conviction - MISDEMEANOR

The penalty for a second DWI - DUI - drunk driving conviction in Minnesota:

• up to $3,000 fine
• mandatory minimum 30 days in jail of which 48 hours must be consecutive up to 1 year in jail
• minimum 180 days drivers license suspension
• license plate confiscated
• possible ignition interlock restriction

When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.

Third DWI - DUI - Drunk Driving Conviction - Misdemeanor

The penalty for a third DWI - DUI - drunk driving conviction in Minnesota:

• up to $3,000 fine
• mandatory minimum 90 days in jail of which 30 days must be consecutive up to 1 year in jail
• minimum 180 days drivers license suspension
• license plate confiscated
• vehicle forfeited
• attendance at a treatment program
• possible ignition interlock restriction

When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.

Fourth DWI - DUI - Drunk Driving Conviction - Felony

The penalty for a fourth DWI - DUI - drunk driving conviction in Minnesota:

• $14,000 fine
• mandatory minimum of 180 days in jail of which 30 days must be consecutive up to 7 years in jail
• up to 4 years days drivers license suspension
• license plate confiscated
• vehicle forfeited
• attendance at a treatment program
• possible ignition interlock restriction

When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.

If BAC level was more than twice the limit these suspension periods are doubled

AGGRAVATING FACTORS

First degree DWI - FELONY

If there are three or more aggravating factors in a DWI case, the driver will be charged with a first degree DWI. Aggravating factors include:

• A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions)
• Blood Alcohol Content is more than two times the legal limit
• Child Endangerment exists (child in the vehicle at the time of offense)

A first-degree DWI offense is a felony punishable by up to seven years in imprisonment with a mandatory minimum of 3 years and a $14,000 fine. The state will also impound the license plates of the driver and may also seek a forfeiture of the driver's vehicle. That means the State would retain the vehicle without compensation to the owner.

Second degree DWI

If there are two aggravating factors in a DWI case, the driver will be charged with a second degree DWI. Aggravating factors include:

• A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions)
• Blood Alcohol Content is more than two times the legal limit
• Child Endangerment exists (child in the vehicle at the time of offense)

A second-degree DWI offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven.

Third degree DWI

If there is one aggravating factor or if the driver refuses to take the breath, blood or urine test and it is the drivers first offence then the driver will be charged with a third degree DWI. Aggravating factors include:

• A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions)
• Blood Alcohol Content is more than two times the legal limit
• Child Endangerment exists (child in the vehicle at the time of offense)

Fourth degree DWI

A fourth degree DWI is charged if there are no aggravating factors. That means no prior DWI or DWI related license revocations. Additionally the driver cannot have a blood alcohol concentration in excess of twice the legal limit or have refused to take a test to determine that blood alcohol content.

A fourth degree DWI offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.

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Implied consent LAWS

It is a crime to refuse to submit to a chemical test in Minnesota and implied consent laws are enforced.

Penalties for refusing to submit to a chemical test in Minnesota

In Minnesota, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.

First chemical test refusal

• 1 year drivers license suspension

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Minnesota AUTO insurance (High Risk DWI DUI SR22 Insurance)

Minnesota auto insurance quotes ENTER ZIP CODE:

Although SR22 insurance is not required in the state of Minnesota after an alcohol related driving conviction, it will save you money to shop around for auto insurance after a DWI DUI - drunk driving conviction regardless. Auto insurance can be very expensive if you go with the wrong provider. Get a FREE auto insurance quote and compare rates to find the best deal, simply enter your ZIP code above and you can be comparing prices for Minnesota auto insurance in a matter of minutes. Although SR22 insurance is not required in the state of Minnesota after an alcohol related driving offense, if you have an SR22 insurance requirement and you move to the state of Minnesota, you will still need to meet the SR22 insurance requirements in the state where the offense was committed.

Minimum liability insurance requirements for private passenger vehicles in the state of Minnesota

The minimum mandatory liability insurance coverage required in the state of Minnesota for private passenger vehicles is (30/60/10). This equates to the following liability coverage:

• $30,000 bodily injury liability (BIL) per person
• $60,000 for two or more people in one accident
• $10,000 property damage liability (PDL) coverage

What is (BIL) Bodily Injury Liability insurance?

(BIL) Bodily Injury Liability insurance coverage will pay for serious and permanent injury or death to other people when a crash is caused by the insured. An auto insurance company will pay for injuries up to the limits specified in an insurance policy and will provide legal representation for the insured in the event someone tries to sue them.

What is (PDL) Property Damage Liability insurance?

(PDL) Property Damage Liability insurance coverage pays for damages an insured driver or members of an insured drivers family cause (and are liable for) to other people's property in a crash involving a motor vehicle.

In addition to bodily injury liability insurance and property damage liability insurance a driver in Minnesota must hold the following:

Personal Injury Protection

Personal injury protection (PIP) pays for any medical expenses, lost wages, and any replacement services when a driver is involved in an accident. These expenses are paid regardles of who is at fault. This type of insurance coverage is also known as no-fault coverage. In Minnesota drivers have to have the following:

• $40,000 per person per accident
• $20,000 for medical expenses
• $20,000 for non-medical expenses such as lost wages

Underinsured Motorist Coverage

Underinsured motorist coverage helps to pay for any medical claims in addition to those covered by personal injury protection. This type of insurance coverage only pays out in the event that the other motorist is at fault and does not hold the necessary amount of insurance to cover all expenses. In Minnesota drivers have to have the following:

• $25,000 for injuries to one person
• $50,000 for injuries to two or more people

Uninsured Motorist Coverage

Uninsured motorist coverage pays for medical expenses after your PIP benefits have ended if the other driver is responsible for the accident and has no insurance coverage. In Minnesota drivers have to have the following:

• $25,000 for injuries to one person
• $50,000 for injuries to two or more people

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FREE DUI / DWI Case evaluation & by local Minnesota Lawyer

OR

Protect your rights! Talk to a local DUI lawyer Minnesota DUI cases tend to move quickly through the system, and there may be important deadlines that affect your right to assert certain defenses or call witnesses. It’s important that you understand the process your Minnesota drunk driving case will follow and the important requirements and deadlines before you take any action—but you can’t afford to delay. Talk to a local Minnesota Drunk Driving Attorney as soon as possible to gather important information such as: • What penalties do you face if convicted of DUI in Minnesota? • What are the indirect penalties, such as increased insurance rates and diminished job opportunities in Minnesota? • Does Minnesota have a mandatory ignition interlock device law? • Was your breathalyzer or blood alcohol content (BAC) test properly administered in accordance with Minnesota laws and procedures ? • When and how can you get your driver’s license reinstated in Minnesota? It’s easy to make mistakes under pressure, so make sure that you have the information you need to make good, educated decisions during this process. Contact a local Minnesota criminal defense attorney specialising in Minnesota drunk driving laws today.

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Disclaimer: While every effort is made to keep all information up to date, the Minnesota drunk driving laws change frequently and the information provided should not be construed as legal advice. Drinkdriving.org shall not be held responsible for any actions a person may take as a result of information gathered from this web site. Consultation with a local Minnesota DUI lawyer is recommended in all cases.

Useful Minnesota DUI Links:

DWI - DUI - Drunk Driving Laws in Minnesota

Minnesota Drivers Manual

Minnesota SR22 Insurance Requirement

Minnesota Department of Public Safety

Minnesota Department of Transportation

Minnesota Department of Insurance

Minnesota State Courts (Judicial Branch)

Minnesota DWI - DUI Lawyers

Minnesota DWI - DUI discussion forum

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