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Overview of DWI Laws in Minnesota DWI

Overview of DWI Laws in Minnesota

3 years ago by Brian
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Driving while impaired (DWI) is against the law in Minnesota and can result in serious consequences for those accused.

Anyone arrested for a DWI should contact a Woodbury, MN DWI Lawyer right away to start discussing their defense.

Blood Alcohol Concentration (BAC) For Minnesota

The state’s legal BAC driving limit is 0.08 percent, but motorists can also be arrested and charged with DWI at lower levels.

The BAC limit is conclusive evidence that the driver whose BAC is over that limit is legally intoxicated.

Drivers can also be arrested based on signs of impairment, including slurred speech if their BAC is lower than the legal limit. 

Determination of BAC In Minnesota

Minnesota’s implied consent law provides that if you are suspected of DWI, you will be required to take a test to determine your BAC if an officer requests it.

The test is often a breath test at the site of the traffic stop, and other tests might include blood or urine tests conducted at the police station. 

You can refuse to take a test ordered by the arresting officer, but not without consequences.

The implied consent law means that by merely driving a vehicle in Minnesota, you have consented to a BAC test when requested.

If you refuse to take the test, your driving privileges can be revoked for up to one year.

Penalties for a DWI in Minnesota

Besides administrative penalties of license revocation, the criminal penalties for a DWI conviction in Minnesota can be any of the following:

Fourth-Degree DWI – This is a misdemeanor, punishable by up to 90 days of jail time and a fine of $1,000 for a first offense DWI conviction.

Third-Degree DWI – This is a gross misdemeanor, punishable by up to one year in jail and a fine of $3,000 for a second offense within ten years.

Second-Degree DWI – This is also a gross misdemeanor that applies to a third DWI offense or a first offense when two aggravating factors exist.

First Degree-DWI – this is the most serious penalty for DWI in Minnesota, and it is a felony charge, punishable by up to seven years of imprisonment and a fine of $14,000.

This charge is reserved for a person’s fourth impaired driving violation within ten years or anytime following a previous felony DWI.

Any of these penalties can be enhanced if the person convicted of DWI caused an accident, property damage, or even death.

Additional penalties can apply if a person had a BAC over 0.16 percent or if the driver had a child in the car at the time of the DWI.

Speak With A Woodbury, MN DWI Lawyer

If you have been arrested for DWI, you should contact a Woodbury, MN DWI Lawyer as soon as possible.

Presenting a strong DWI defense is imperative to protect your future and freedom. Call J.S. Defense, PA. at  (651) 362-9417 or contact us online to discuss your case and how we might help you.


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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney Justin M. Schiks who has more than 20 years of legal experience as a personal injury attorney.

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