Minnesota DUI Basics
Minnesota DUI and DWI laws are often considered to be some of the
harshest in the United States. The punishments for driving under the
influence, as well as the convictions, depend on prior DUI offenses and
the number of offenses. Punishments can also increase if a minor under
sixteen years of age is in the motor vehicle.
Minors have different DUI conviction levels than adults. The normal
legal blood alcohol content level in Minnesota is 0.08 percent for
adults. The court will decide upon a minor's punishments, depending on
the circumstances. Minnesota also separates its driving while
intoxicated offenses into varying degrees of severity. If an individual
has a blood alcohol content of 0.20 percent or greater the court will
automatically install a one thousand-dollar fine along with other fines
and punishments. This can often be equivalent to a second degree DWI
offense.
Chemical Testing
Minnesota has different chemical testing stipulations than other
states. Before an individual can be arrested for DUI, he or she has the
right to contact his or her lawyer before submitting to chemical
testing. If no personal lawyer is possible, the officer will provide
the individual with a phonebook. Unlike other states if an individual
refuses to submit to chemical testing after a drunk driving arrest, he
or she will be prosecuted under different charges.
Minnesota DUI Consequences
The number of DUI offenses will determine the charge. A first-time
offense is considered a fourth-degree misdemeanor offense. A second DUI
offense is considered a third-degree gross misdemeanor. A third DUI
offense is considered a second-degree gross misdemeanor. And a fourth
DUI offense is considered a first-degree felony. Minnesota breaks its
drunk driving convictions into four different degrees of severity.
A first-degree DWI offense is considered a first degree DUI felony
offense and includes previous drunk driving convictions in the past ten
years, a blood alcohol content percentage above 0.20, and having a
child in the vehicle at the time of the arrest. These are called
aggravating factors. Punishments can include imprisonment up to five
years with a fine of ten thousand dollars.
An individual's driver's license will also be suspended. A
second-degree offense with extreme blood alcohol content percentages,
prior offenses, or child endangerment is punishable by up to one year
of imprisonment and a fine of three thousand dollars. An individual's
driver's license may also be suspended upon two aggravating factors.
A third-degree DWI offense can include one aggravated factor and may
also be installed if an individual refuses to take a chemical test upon
a first offense. Punishments for third-degree offenses include up to
one year of imprisonment and up to three thousand dollars in fines. Law
enforcement will also maintain the individual until the first court
date.
A fourth-degree offense will be charged if no aggravating factors are
present. An individual cannot have his or her driver's license
previously revoked and may not have any prior convictions. The
individual's blood alcohol content also cannot be twice the amount of
the legal limit. A fourth-degree DWI offense can earn up to ninety days
of imprisonment and a fine of one thousand dollars.