Tom Luxsox Coins

Minnesota State

Every driver should be informed of his or her state's laws regarding DUI offenses. Minnesota DWI laws prohibit any person with a blood alcohol concentration of 0.08% to drive, operate, or be in control of a vehicle. For commercial vehicles or business-related vehicles, the driver should not be found with an alcohol level of 0.04% or more. Penalties are imposed upon persons who are proven to have violated this statute.

In Minnesota, all alcohol and drug-related driving infractions are grouped under one umbrella violation known as DWI, or driving while intoxicated. There are four degrees of DWI, and for each degree come corresponding statutory penalties imposed by the state. They are the following:

First-Degree - is a felony punished by not more than seven years of incarceration and a fine not less than $14,000. This does not even bring into account additional penalties if the offender was found to have a blood alcohol content of 0.20% or more or to have been driving with a minor inside the car.

Second-Degree - is a gross misdemeanor charged for an offender's third violation. It is charged on a person's third violation or second violation with refusal to take the alcohol test.

Third-Degree - is also a gross misdemeanor punished by not more than one year of incarceration and a fine not less than $3,000. Third-degree DWI is charged on any offender's second violation or first violation with refusal to take the alcohol test.

Fourth-Degree - is a misdemeanor committed by a person who committed his first impaired driving violation. It is punishable by 90 days imprisonment and a $1,000 fine.

The Implied Consent Law

Minnesota DWI laws assumes that any driver pulled over and suspected of committing an impaired-driving violation has consented to take a chemical test to determine the level of alcohol in the blood. Refusing to take the test in Minnesota is considered a crime and entails enhanced penalties imposed by the court and the Department of Public Safety. A police officer only has to carry probable cause, and not material evidence, to have you take the test. If by observation of the results of a standardized field sobriety test and a preliminary breath test, the officer has substantial reason to believe that you have committed DUI, he may invite you to the station to take the test.

License Revocation by the DPS

The Department of Public Safety automatically orders a suspension of your driver's license following a refusal to take the chemical test or a test failure. The length of suspension varies from one case to another, but the DPS allows a transitional seven-day period where the driver can still use his license before cancellation.

Six months - for drivers under 21. Minor drivers who have committed DWI are treated as adults, but this violation is not considered a crime nor an aggravating factor for subsequent DWIs.

90 days - for first-time offenses

180 days - for subsequent offenses

Double the applicable periods - for offenders tested with a blood alcohol level of 0.20% or found to have been driving with a minor inside the car

One year - for all offenders who refused to take the test, whether the offense was committed for the first time or not

Canceled and denied indefinitely - for those who have committed their third DWI within a 10-year period.

What To Do If You Have Been Charged With DWI

If you have been charged with DWI in the Twin Cities then the best way to fight your case is to get a good Minnesota criminal lawyer in your corner fighting for you. Kans Law has 15 years experience defending people charged with all sorts of crimes and they specialize in DWI defense. So if you are looking for a top Minneapolis criminal defense attorney give Kans Law a call at (952) 835-6314 and get a FREE, No Obligation Consultation & Case Review.

Disclaimer: The material contained within this article is intended for information purposes only, and should not be considered legal advice.

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