DUI Information for Minnesota
In the state of Minnesota, if you are driving a motor vehicle and have a blood alcohol content o f.08% or more, you are guilty of a criminal offense.
Minnesota’s DWI law stipulates that it is a crime:*
- to drive, operate, or be in physical control1 of any motor vehicle anywhere in the state while:
- under the influence of alcohol, a controlled substance, or a hazardous substance (knowingly), or any combination of these;
- having an alcohol concentration (AC) of .08 or more at the time or within two hours of doing so;
- 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 motor vehicle, having an AC of .04 or more at the time or within two hours of doing so; or to refuse to submit to a chemical test of the person’s blood, breath, or urine under Minnesota Statutes, section 169A.52.
Resource: Research Department Minnesota House of Representatives*
Minnesota DUI – statute(s)
- S.A. § 169A.20.
Minnesota DUI – standard
- “It is a crime for any person to drive, operate, or be in physical control of any motor vehicle . . . when: . . . the person is under the influence of a controlled substance.” M.S.A. § 169A.20(1)(2).
- “It is a crime for any person to drive, operate, or be in physical control of any motor vehicle. . . when: . . . the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person’s ability to drive or operate the motor vehicle.” M.S.A. § 169A.20(1)(3).
Special Laws
Youth Under Age 21 Impaired driving
DWI laws apply equally to drivers of all ages. DWI violations require either evidence of impaired driving or an AC of .08 or higher, or the presence of certain illegal substances in the person’s body, during or within two hours of the time of driving, operating, or being in control of a motor vehicle, broadly defined. Drivers aged 16 and 17 years old who violate the DWI laws are under the jurisdiction of the adult court, not the juvenile court. As such, they are subject to adult penalties and consequences.
Zero tolerance – underage drinking and driving
Minnesota’s law also has a zero tolerance law for underage drinking and driving. This law provides misdemeanor penalties and driver’s license suspension for any driver under age 21 who is convicted of driving a motor vehicle while consuming alcohol or while there is physical evidence of such consumption present in the person’s body. A violation of the zero-tolerance law also restricts a person’s eligibility for an instruction permit, provisional license, or driver’s license. If the offender is age 16 or 17, it is prosecuted in juvenile court and is considered a “major traffic offense.” So long as the conduct does not violate the DWI law, it cannot be used as an enhancing factor for any subsequent DWI violation.
Minnesota DUI – applicable substances
- Controlled substance or hazardous substance.
Minnesota DUI – affirmative defense
Minnesota Per se – statute(s)
- S.A. § 169A.20.
Minnesota Per se – standard
- “It is a crime for any person to drive, operate, or be in physical control of any motor vehicle . . . when . . . the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.” M.S.A. § 169A.20(1)(7).
Minnesota Per se – applicable substances
- Controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. M.S.A. § 169A.20(1)(7).
Minnesota Per se – affirmative defense(s)
- If defendant “used the controlled substance according to the terms of a prescription issued for the defendant in accordance with” Minnesota law. M.S.A. § 169A.46(2).
- Implied consent – applicable drivers
- Any person who drives, operates, or is in physical control of a motor vehicle within Minnesota. M.S.A. § 169A.51(1).
Minnesota Implied consent – tests authorized
- Chemical test of breath, blood, or urine. M.S.A. § 169A.51(1).
Minnesota Implied consent – basis for test
- LEO must have probable cause that driver has committed a drugged driving violation and the driver must either: (1) been arrested; (2) been involved in a motor vehicle accident or collision involving bodily injury, death, or property damage; or (3) refused to take a preliminary screening test. M.S.A. § 169A.51(1)(b).
Minnesota Implied consent – evidence of refusal
- Evidence of the refusal to take a test is admissible into evidence in a prosecution for driving while impaired. M.S.A. § 169A.45(3).
Minnesota Implied consent – administrative / civil penalty for refusal
- Refusal with no prior impaired driving incident in prior 10 years driver’s license revoked for one year. Refusal with one prior incident within 10 years or two total incidents license revoked for two years. Refusal with two prior incidents within 10 years driver’s license revoked for three years.
- Refusal with three prior incidents within 10 yearsàdriver’s license revoked for four years.
- Refusal with four or more prior incidents driver’s license revoked for six years. M.S.A. § 169A.52(3).
