MINNESOTA DWI LAWYERS & DUI DEFENSE ATTORNEYS
Drunk driving involves the act of operating and/or driving a motor vehicle while under the influence of alcohol and/or drugs to the degree that mental and motor skills are impaired. DWI laws also apply to recreational vehicles, such as ATV, boats or snowmobiles, and airplane piloting. Minnesota DWI statutes contain four major categories of drunk driving crimes:
- First-Degree Felony DWI
- Second Degree Gross Misdemeanor DWI
- Third-Degree Misdemeanor DWI
- Fourth Degree Misdemeanor DWI
AGGRAVATING FACTORS
The severity of a DWI in Minnesota depends upon whether one or more aggravating factors are present during the offense. These include:
(1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;
(2) having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense; or
(3) having a child under 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.
FIRST DEGREE DWI
A drunk driver is guilty of first-degree DWI if they violate a DWI within ten years of the first three or more drunk driving incidents or have been previously convicted of felony DWI in Minnesota.
SECOND DEGREE DWI
A drunk driver is guilty of second-degree driving while impaired if two or more aggravating factors occurred when the violation was committed.
THIRD DEGREE DWI
A drunk driver is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed.
FOURTH DEGREE DWI
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water in Minnesota:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled substance;
(3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person to substantially impair the person's ability to drive or operate the motor vehicle;
(4) when the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
(5) when the vehicle is a commercial motor vehicle and the person's alcohol concentration at the time, or as measured within two hours of the time of driving, operating, or being in physical control of the commercial motor vehicle, is 0.04 or more; or
(6) 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 tetrahydrocannabinol. It is also a crime to refuse to submit to a breath test.