In Minnesota it is illegal to operate or 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 can be charged with a Minnesota DUI.
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Minnesota DWI Elements
A person can be convicted of a Minnesota DUI when that person drives, operates, or is in physical control of a motor vehicle within the state of Minnesota or on any boundary water of Minnesota:
- When the person is under the influence of alcohol or a hazardous substance that affects the nervous system, brain, or muscles of that person so as to substantially impair their ability to drive or operate a motor vehicle;
- When the person is under the influence of a combination of any two or more of the elements named above;
- When the person’s blood alcohol concentration at the time of, 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;
- 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.
Minnesota DUI law states that any driver with the mere presence of any scheduled controlled substance in their blood can be charged with a Minnesota drugged driving offense. Further, an officer may arrest a driver for suspicion of DWI even if his/her blood alcohol content is under .08, if the officer feels the drunk driver was operating the vehicle in an impaired way.
You can read more DWI violations below, but be sure to check out our slideshow on How To Pass A Breathalyzer:
Minnesota DWI Law
Minnesota DWI Defenses
- 30 Ways to Beat a DWI
- Probable Cause to Arrest
- Reasonable Suspicion to Stop
- Custodial Interrogation
- Implied Consent Law
- Test Contamination
DWI Criminal Consequences
- Mandatory Minimum Sentences
- Long Term Monitoring & Penalty Assessment
- Criminal Vehicular Injury & Homicide
DWI Civil Consequences
- Driver’s License Revocation
- Driver’s License Resources
- Plate Impoundment & Vehicle Forfeiture
- Underage DWI in Minnesota
- Drugged Driving
- Open Container Offense
DWI Client Testimonials
CLIENT LOCATION: Mound, MN
I wanted my attorney to have a reputation as a tenacious defender. Avery has this and is the best defense lawyer in the Twin Cities metro area. After being charged with my DWI, I was worried of being wrongfully accused, losing my name and honor, and going to jail. I was pleasantly surprised by the personal engagement process of Appelman Law Firm. Avery quickly called and explained the process and started working immediately to gather facts and build my case. I was able to have confidence in the process and my representation from Appelman Law Firm. We went to a jury trial and I was found not guilty. Avery helped vindicate my name, reputation, and honor. His commitment, passion, confidence, and professionalism helped establish my innocence.
CLIENT LOCATION: Chaska, MN
I contacted Avery while in police custody in regards to a DWI charge. We met the next morning and he listened to my story and then clearly outlined the process and steps that would occur during the case. After the meeting I was still nervous, but comforted by knowing the process and confident that Avery was the right choice. Understanding the process and having confidence in Avery made this potentially scary event very bearable; and we won!