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Minnesota DUI Laws


Minnesota DUI Laws used to have a lower DWI alcohol content limit of 0.10%, but effective August, 2005 it was changed to the current standard of 0.08%.

Thus if a police officer will pull you over because he sees evidence of impaired driving, and you are proven to have a BAC of 0.08% or more, then you can be arrested.

For minors under 21, it is higher at 0.02% or more and for commercial vehicle drivers 0.04% or more.

Since DUI laws in Minnesota are one of the toughest in the country, you should hire a DUI defense lawyer in case you are arrested. You will be requested to undergo a BAC test upon arrest.

Taking this test is crucial for you, if you are in doubt contact your lawyer first before undergoing through the exam so you can discuss your options with him.

Once arrested you will have to face two separate charges. One charge is the criminal court case and the second is a Minnesota Department of Public Safety case. The criminal court case will determine the fines and penalties to be imposed, while the administrative case will determine the period of license suspension.

To ensure that your driving rights are protected, you must request a hearing from the office of Public Safety. Let your lawyer deal with the paper works so that it can be filed correctly at the right time.

If proven guilty of DUI, Minnesota DUI Laws impose penalties, fines, and license suspensions as determined by the court and the Department of Public Safety. The following are the sanctions:

1. First DUI conviction – jail time of up to 90 days, fines of up to $1,000, and license suspension of up to 90 days that can be increased to 180 days if your BAC test result is 0.20% or above or if you have a passenger under 16;
2. Second DUI conviction – jail time of up to 1 year, fines of up to $3,000, and license suspension of up 180 days that can be increased to 360 days if your BAC test result is 0.20% or above or if you have a passenger under 16;
3. Third DUI conviction – jail time of up to 1 year, fines of up to $3,000, and indefinite license suspension pending treatment or rehabilitation for 1 year; and
4. Fourth DUI conviction – jail time of up to 7 years and fines of up to $14,000.

You can apply for a limited license after serving a period of your license suspension, but it will be for the Department of Public Safety to decide. If in case your request will be granted, an ignition interlock device is installed in your vehicle. Aside from the strict punishments implemented, there are other sanctions to be imposed.