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.
Contact a Minnesota DWI Lawyer for a Free Case Review
At Appelman Law Firm, we understand that mistakes happen. You end up having one too many or alcohol clouds your judgment and you think that you’re fine to drive a couple miles back to your house after having some beers with friends. If you’re stopped by police, there’s a good chance you’re going to be arrested for driving while intoxicated. You may be feeling embarrassed, ashamed or angry at this point, but now is not the time to let emotion impact your judgment. Take a breath, don’t try to talk your way out of the situation and realize that you need to have an ally in your corner at a time like this. Let Avery Appelman and the team at Appelman Law Firm be that ally. Call today to set up a free case review: (952) 224-2277!
DWI Charges in Minnesota
The Minnesota DWI lawyers at Appelman Law Firm know how to help you pick up the pieces after a DUI arrest. We want to help you move on from the charges and help you become a stronger and better version of yourself. We have plenty of experience helping clients achieve this in and out of the courtroom.
Mr. Avery represented me in a felony DUI case, and I couldn’t have asked for a better attorney. At first, I was terrified and thought my life was over. From the moment I spoke with him, he put me at ease by clearly explaining the process and what to expect. He helped me get accepted into treatment court and supported me through every step of it. Whenever I reached out, he was always responsive and quick to return my calls. My career is licensed through DHS, and because of his help, treatment court has been seen as part of my recovery and my conviction has not been a barrier. He also helped get my jail time converted into community service. I’m truly grateful to Mr. Avery. Treatment court not only helped me achieve and maintain sobriety, but it also helped me live my life to full potential, something I never imagined when I was caught up in drinking and temporary comfort. Even after my case ended, he continues to offer guidance and support. I highly recommend Mr. Avery. He is an excellent attorney.”
-DWI Client
We’ve done it for others, and we want to do it for you. Let us be a guide, a resource and a legal professional as you navigate life after a DWI arrest in Minnesota.
Minnesota DWI Law
Minnesota law states that it is illegal to drive, operate or physically control a motor vehicle (including boats and recreational vehicles) while impaired by alcohol, a controlled substance, or an intoxicating substance. The legal limit for alcohol concentration is 0.08 for motor vehicles, but it is lower for commercial vehicles and school buses. With some rare exceptions, it is illegal for any person under the age of 21 to have any alcohol in their system while driving, as this falls under Minnesota’s Zero Tolerance Policy.
Elements of a Minnesota DUI
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.
Minnesota DWI Penalties
Potential DWI penalties will vary based on a number of factors, including your age, your BAC, your criminal history and if other aggravating factors were present. Some of the most common penalties associated with a DWI conviction include:
- Fines
- Driver’s license restrictions
- Driver’s license suspension/revocation
- Probation
- Ignition interlock device installation
- Jail time
- Mandated alcohol education courses
Many clients with run-of-the-mill first offense DWIs can avoid jail time, but don’t think that means you should go to court without an attorney. Not only is it possible to be sentenced to jail for your first DWI, but a conviction is more expensive than most people realize. There will be fines associated with your case, but there are also major fees for license reinstatement, required course completions, ignition interlock installation and continued monitoring, impound costs and automobile insurance increases. The cost of a DWI conviction will be in the thousands, and can easily cross into the tens of thousands of dollars range when all is said and done. Connecting with an attorney can help you avoid some of these major expenses and keep costs down as you work to restore some normalcy to your life.
Minnesota DWI FAQs
We get tons of questions from people asking about common or niche DUI subjects, so we’re going to try to answer some questions and provide links to more information when appropriate. Here’s what we hear most:
- What is the legal BAC limit in Minnesota?
- Minnesota’s legal limit is 0.08% for drivers 21 and over, 0.04% for commercial drivers, and any detectable amount for drivers under 21 under the zero-tolerance law.
- Can I refuse a breathalyzer in Minnesota?
- Refusing a breath, blood, or urine test under Minnesota’s implied consent law is a separate crime — typically charged as a gross misdemeanor — and triggers an automatic license revocation.
- How long does a DWI stay on my record in Minnesota?
- A Minnesota DWI conviction stays on your driving record for life and on your criminal record permanently unless expunged. It can be used to enhance penalties for any DWI within the next 10 years.
- What should I do if I’m pulled over for DUI?
- If you see a police car in your rearview mirror, quickly and safely navigate to the side of the road. Pull over and wait for the officer to approach your vehicle. Provide them with your license and registration, but don’t offer any information that could serve to implicate yourself. Don’t tell them where you’re going, where you’re coming from, or if you’ve had anything to drink. If you’re asked to step out of the vehicle and conduct field sobriety tests, ask if you can have a minute to consult with your lawyer to see if partaking in the physical tests is advised. The same goes for if you’re asked to submit to a breathalyzer. Listen to their advice, and come to the realization that you may be arrested for DWI. This is not the end of your story. Make sure you connect with a lawyer early on in the process to get the ball rolling on your release and defense.
- What are some of the best DWI defenses?
- Your lawyer will sit down with you and work to develop the best defense for your specific case. They may attack the traffic stop, the breathalyzer device, the actions of the police officers or any number of potential defenses to your case. You won’t know the best path forward until you meet with a lawyer, lay out the facts and consider all options.
- What are DWI aggravating factors in Minnesota?
- No two DWIs are the same, and some drunk driving arrests are penalized more than others. You may find yourself facing upgraded DWI charges if certain aggravating factors are present.
We all make mistakes. Let Avery and the team at Appelman Law Firm help you get back on your feet after a Minnesota DWI arrest. At a minimum, take a free strategy session and learn about your options and your next best steps. Set one of those meetings up with our team by calling Appelman Law Firm at (952) 224-2277 today!
More Minnesota DWI Information & Resources
We’ve created an abundance of Minnesota DUI/DWI-related content, so if you’re looking for more information about specific drunk driving topics, find them below or reach out for more information.
Minnesota DWI Basics:
- Physical Control
- Aggravating Factors
- BAC Test
- What is Refusal
- Types of Refusal
- DUI vs. DWI
- Minnesota BWI
- Minnesota SWI
- Commercial Vehicle DWI
- Minnesota DWI Do’s & Don’ts
- Whiskey Plates in Minnesota
Minnesota DUI Defenses:
- 30 Ways to Beat a DWI
- Probable Cause to Arrest
- Reasonable Suspicion to Stop
- Custodial Interrogation
- Implied Consent Law
- Test Contamination
Minnesota DWI Criminal Consequences:
- Bail
- Mandatory Minimum Sentences
- Long Term Monitoring & Penalty Assessment
- Probation
- Criminal Vehicular Injury & Homicide
- Denied Entry Into Canada
Minnesota DWI Civil Consequences:
- Driver’s License Revocation
- Driver’s License Resources
- Plate Impoundment & Vehicle Forfeiture
- Underage DWI in Minnesota
- Drugged Driving
- Open Container Offense
Free BAC Calculator:
Use our free BAC calculator on the Ask Appelman App to see if you’re over the MN legal limit before you drive.
