laws for drunk drivers

Minnesota DUI Laws & Minnesota DUI Attorneys


In case of Minnesota DWI what happens for those who violated the law? In the state of Minnesota you can be arrested for driving while intoxicated (sometimes called a Minnesota DUI) if your blood alcohol content (BAC) tests at .08% or higher. Minnesota charges drivers with DWI violations in one of four degrees. The degree of your conviction will be based on how many aggravating factors are present at the time of your arrest. Aggravating factors include having previous DWI arrests on your record, having a BAC of .20% or higher, refusing to take the BAC test, or driving while intoxicated with an underage passenger in the vehicle.

DWI Arrests in Minnesota

When you are arrested for a DWI in Minnesota, you will be asked to submit to a BAC test. You have the right under Minnesota law to talk to a lawyer before submitting to a test. The police officer is required to give you access to a phone book so you can make this call. Talking to a lawyer is important, because it will help you determine the best course of action following your arrest. If your lawyer feels it is the best option, you can refuse to take the BAC test.

You will face two cases as a result of your arrest, one in the criminal courts and one with the Minnesota Department of Public Safety. The Department of Public Safety hearing must be requested within a few days or your arrest in order to protect your driving privilege. Having a lawyer working with you will ensure that you file the appropriate paperwork on time in order to request this hearing.

Basic Consequences for First Time Offenders

In Minnesota DWI cases are punished based on the degree, not necessarily the number of previous convictions. Fourth degree offenses are the most lenient because these offenses have the least number of aggravating factors. Consequences for first time offenders that are guilty of fourth degree offenses are as follows:

Convictions that are of a higher degree have stricter consequences. If you refuse to take the BAC test, you are automatically guilty of a second or first degree DWI conviction.

License Suspensions for Minnesota DWI

Besides your court consequences, you will also face license suspensions as a result of your Minnesota DWI conviction. The times of the license suspensions for Minnesota DWI offenses are somewhat more complicated than other states. Rather than choosing a length based on the number of previous DWI convictions the driver has, the Department of Public Safety determines the license suspension based on the aggravating factors. Common suspension times include:

You may be able to apply for a limited license, depending on the circumstances of your case. This license will allow you to drive to work each day. Your lawyer will help you apply for this temporary and limited license.

Insurance Consequences

The final consequence you will face as a result of your Minnesota DWI conviction is a consequence handed to you by your insurance provider. Once your insurance provider learns of your conviction, one of two things will happen. Either you will lose your coverage altogether, or the cost of your coverage will increase dramatically. If other members of your family share your insurance policy, the rates they are charged may increase as well.



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