Minnesota law prohibits operating a motor vehicle while impaired by alcohol or any other intoxicating substance. This is commonly referred to as DUI or DUI. Here’s what you need to know about how DUI is detected and the penalties you may face if convicted.
Legal Blood Alcohol Concentration (BAC) in Minnesota
The most common method for detecting DUI is through a BAC measurement. In Minneapolis and throughout Minnesota, you are considered impaired if your BAC is 0.08 or higher. If you are found to have a BAC of 0.16 or higher, you may be subject to enhanced DUI penalties.
In addition to the BAC standard, you may be charged with DUI if any of the following is true:
- You are under the influence of a combination of drugs or alcohol that you know or should know can cause impairment.
- You have any amount of a Schedule I or II controlled substance, other than marijuana, in your system.
- You are a commercial vehicle driver with a BAC of 0.04 or higher.
- You refuse to undergo a chemical test for impairment.
Implied Consent Laws in Minnesota
Minnesota follows an implied consent law when enforcing impairment testing. This means that operating a motor vehicle in the state implies your consent to an impairment test if a police officer has probable cause to believe you are impaired. Officers can determine probable cause by observing your actions, questioning you or administering a field sobriety test or preliminary breath test.
Police officers in Minnesota are allowed to perform a breath test without obtaining a warrant. If you refuse to comply with an impairment test, you may be arrested and later subjected to blood or urine testing once a warrant is secured. Refusing to test may also be grounds for an immediate revocation of your driver’s license.
DUI Penalties in Minnesota
A DUI conviction in Minnesota can lead to fines or imprisonment. Penalties are increased when aggravating circ*mstances are present. Each of the following factors is considered to be aggravating:
- prior impaired driving convictions or license revocations in the previous 10 years
- BAC of 0.16 or higher
- presence of a child in the vehicle under the age of 16 (only if the child is 36 months or more younger than the driver)
DUI penalties are determined on a tier-based system:
| Offense | Factors Setting Level | Conviction Level | Fine | Imprisonment |
|---|---|---|---|---|
fourth-degree DUI | conviction with no test refusal and no aggravating factors | misdemeanor | up to $1,000 | up to 90 days |
third-degree DUI | conviction with test refusal or one aggravating factor | gross misdemeanor | up to $3,000 | up to one year |
second-degree DUI | conviction with either: test refusal and one aggravating factor or two aggravating factors | gross misdemeanor | up to $3,000 | up to one year |
first-degree DUI | conviction of fourth driving incident within 10 years, or conviction following a felony DUI or criminal vehicular operation conviction | felony | up to $14,000 | up to seven years |
When prior convictions have occurred, minimum imprisonment penalties for DUI are mandated to increase with the number of prior convictions as follows:
| Offense | Jail Minimum |
|---|---|
second (nonfelony) | 30 days, or eight hours of community service for every day less than 30 ordered to imprisonment |
third (nonfelony) | 90 days, 30 of which must be consecutive in jail or intensive probation |
fourth (nonfelony) | 180 days, 30 of which must be consecutive in jail or intensive probation |
fifth onward (nonfelony) | one year, 60 days of which must be consecutive in jail or intensive probation |
any felony offense | three years |
Administrative sanctions, such as driver’s license revocation, license plate impoundment or vehicle seizure, are also possible. License revocation is possible for all DUI convictions, while license plate impoundment and vehicle seizure are possible only when aggravating circ*mstances are present.
License revocation periods are required for at least these minimum periods.
- any DUI conviction: 30 days
- refusal to test: 90 days
- following one prior conviction: 1 year
- first offense with BAC of 0.16 or greater: 1 year
- BAC of 0.16 or greater plus prior conviction: 2 years
- two prior convictions: 3 years
- three prior convictions: 4 years
- four or more prior convictions: 6 years
What To Expect After a DUI Arrest in Minnesota
A police officer who believes you are driving under the influence can require you to complete a field sobriety test, a breathalyzer test or both. The officer must inform you that you are obligated to take a blood alcohol test, that refusing to test is a crime and that you have the right to contact an attorney before choosing whether or not to test. If your tests indicate impairment or if you refuse to test, you will be arrested.
If this is your first DUI offense and you are charged with a misdemeanor, you will likely be released without bail. You will then return for your arraignment. This is the first hearing after your arrest. You will be asked to enter a guilty or not-guilty plea. Discussing your case with an attorney before the arraignment can help you decide which plea you should enter.
