Minnesota DUI Penalties

Implied Consent Laws

Laws requiring drivers suspected of driving under the influence to give in to breath, blood, or urine testing for alcohol content are known as "implied consent laws." Refusal carries penalties that can include obligatory suspension of a driving license for up to a year.

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Blood-Alcohol Concentration

In Minnesota, any driver with a blood-alcohol absorption - or BAC - above .08 percent is deemed “per se intoxicated” under the law. Under this statute, this evidence is all that is required for a driver to be convicted of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI).

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Zero Tolerance Blood-Alcohol Concentration

In all states, “zero tolerance laws” focal point on drivers not of legal drinking age. In Minnesota, persons under the age of 21 operating a motor vehicle with a .02 percent blood-alcohol level or over are subject to DUI penalties.

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Enhanced Penalty Blood-Alcohol Concentration

In some states there is a more harsh punishment for those convicted of DUI with a for the most part high blood-alcohol content at the moment of arrest; this is commonly .15 to .20 percent above the legal limit. Enhanced penalty laws are not utilised in Minnesota.

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Administrative License Suspension/Revocation Penalties

These penalties are minimum mandatory penalties imposed on drivers with a blood-alcohol concentration above Minnesota’s maximum tolerable level of .08 percent or drivers subject to the implied consent laws (see above) for refusing to submit to breath, blood, or urine testing for blood-alcohol content.

Penalties involve suspension or revocation (meaning provisional or permanent removal) of the driver’s license by the DMV (Department of Motor Vehicles). In Minnesota, for the foremost DUI offense the mandatory suspension is 90 days; for the second offense, one year; for the third offense, three years.

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Vehicle Confiscation

The fine of vehicle confiscation for DUI conviction – either lastingly or temporarily - is a possibility in some states, typically for repeat offenders. This is not a penalty option in Minnesota.

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Ignition Interlock

An ignition interlock device attaches to the convicted DUI offender’s motor vehicle and requires the driver to perform a breath-test before the vehicle will start. While this penalty for DUI conviction is a opportunity in some states, this is not an option in Minnesota.

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Mandatory Alcohol Education and Assessment/Treatment

Alcohol tutoring and prevention program, treatment for alcohol abuse, and appraisal of a person for possible alcohol or drug craving can be required for DUI offenders in Minnesota. These steps are often optional instead of serving a sentence of incarceration or paying fines.

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