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Elements of a DWI Minnesota

There are many elements to the Minnesota DWI laws.Many factors must be in play in order to to convict a driver of drunk driving. The elements of a Minnesota DWI are:

  1. The person drove, operated or was in physical control of a motor vehicle
  2. within the state of Minnesota or on any boundary water of Minnesota
  3. When the person was under the influence of alcohol; or
  4. When the person was under the influence of a controlled substance; or
  5. When the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, muscles of the person so as to substantially impair the person's ability to drive or operate a motor vehicle; or
  6. when the person is under the influence of a combination of any two or more of the elements named above; or
  7. When the person's alcohol concentration at he time or as measured within two hours of the time of driving, operating or being in physical control of the motor vehicle is .08 or more; or
  8. 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 tetrahydrocanabinols.

In Minnesota it is illegal to driver, operate be in physical control of a motor vehicle while under the influence of alcohol or a controlled substance or with a blood alcohol concentration of .08% or more. A driver with a blood alcohol concentration of .08% or more will be charged with a MN DWI. Similarly, Minnesota DWI laws state that any driver with the mere presence of any scheduled controlled substance in a their blood will be charged with a Minnesota drunk driving offense. Further, an officer may arrest a driver for suspicion of a driving while impaired even if your blood alcohol content is under .08%, provided the officer feels the drunk driver was operating the vehicle in a manner indicating that the driver is impaired or under the influence.

Appelman Law Firm, LLC is a firm of experienced Minnesota DWI or DUI defense attorneys. Our skilled Minnesota drunk driving defense lawyers know that the criminal consequences of a DWI are serious. Let Appelman Law Firm, LLC experience help you through yours. Call The Appelman Law Firm, LLC now and speak to one of our Minnesota DWI defense attorneys to develop a strategy to achieve all of your legal objectives. You may reach us at 952 224 2277, anytime, day or night.

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