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Minnesota DUI Law

It is illegal in Minnesota to drive, operate, or be in physical control of a motor vehicle with a blood alcohol concentration of .08 or greater. For commercial vehicles, the level is .04 or greater.

Penalties

Minnesota bases the charging of the crime on the number of aggravating factors present. The aggravating factors considered are:

- Number of prior offenses

- Driving with a minor under the age of 16 in the car

- A BAC of .20 or greater

Any time you have a BAC of .20 or greater, the court will add up to $1,000 to the fine.

So, for instance, if this was your first offense, but there was a minor under 16 and you had a BAC of .25, you would be charged with a second degree DWI.

Fourth Degree DWI:

The first offense is charged as Fourth Degree Driving While Intoxicated. This is a misdemeanor and is punishable by up to 90 days in jail and a fine of up to $1,000. Additionally, your license will be suspended for up to 90 days.

Third Degree DWI:

This charge means that you were driving while intoxicated and one aggravating factor was present or you refused to submit to a chemical test. It is charged as a gross misdemeanor, the maximum penalty is a year in jail, a $3,000 fine, and license suspension for six months.

Minimum Penalty Second Offense:

30 days in jail (48 hours of which must be served consecutively) or 8 hours of community service for each day less than 30 that the offender actually served.

Second Degree DWI:

This charge means that you were driving while intoxicated and that two or more aggravating factors were present. This is charged as a gross misdemeanor and the maximum penalty is a year in jail, a $3,000 fine, and license suspension for six months.

Minimum Penalty Second DWI:

30 days in jail (48 hours of which must be served consecutively) or 8 hours of community service for each day less than 30 that the offender actually served.

Minimum Penalty Third DWI:

90 days in jail (30 of which must be served consecutively) or a period of intensive probation which involves at least 6 days of inpatient treatment. If the court has ordered jail time, it may order that up to 60 days be served in home detention or in intensive probation.

First Degree DWI:

This is a felony. It is charged if you have more than 3 DWI offenses in the last ten years or have ever been charged with a DWI felony before. The minimum penalty is three years in jail and you will not be released until you have successfully completed a chemical dependency treatment program. This charge carries a maximum penalty of 7 years in jail and a $14,000 fine.

License Suspension Schedule

First Offense:

Minimum 30 days

Second Offense:

Minimum 180 days or until completion of a treatment and rehabilitation program, whichever is later.

Third Offense:

Minimum 1 year or until you can demonstrate to the court that you are rehabilitated.

Fourth Offense:

Minimum 2 years or until you can demonstrate to the court that you are rehabilitated.

Chemical Test Refusal:

1 year.

Where a death or personal injury was involved, the court will add 90 days on to the suspension period.

Where the offenders BAC was .20 or greater, the court will double the length of the suspension.

Under 21 Penalties

If you drive under the age of 21 with any level detectable level of alcohol in your system, the court will suspend your license for 30 days. Upon the second conviction, the court will suspend your license for 180 days.