What happens when you get a DWI in Minnesota?

Driving while impaired can get you into some serious trouble in Minnesota. If you are caught drinking and driving by law enforcement, it will result in a negative impact on your record. Minnesota law enforcement has cracked down on their DWI laws, causing stricter enforcement to thwart drunk driving.

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DWI Laws in Minnesota

It is a crime in Minnesota to be in operation of a vehicle if you are under the influence of alcohol or a controlled substance.

The legal blood-alcohol concentration (BAC) level is 0.08 for drivers over the age of 21, but drivers may still be arrested or charged with a DWI even with a lower BAC level, depending on the nature of the violation.

There are some exceptions to the legal limit, however. For example, commercial drivers can be charged with a DWI if the breathalyzer registers at 0.04 BAC.

Minnesota takes a zero tolerance policy on underage drinking and driving. Underage drivers can be charged with a misdemeanor and face license suspension with less than 0.08 BAC.

Minnesota has laws against consuming or possessing an open container of alcohol within a vehicle. Even if you haven’t been drinking but an open container is within your reach, you could still face a misdemeanor charge.

A bottle with a broken seal can also constitute a violation of Minnesota’s Open Bottle Law. If the opened bottle is out of driver’s and passenger’s reach, it can be considered an exception.

It is also important to note that an owner of a vehicle can also be charged even if not present in the vehicle at the time of the offense, according to the provisions laid out in Minnesota’s Open Bottle Law. Minnesota statutes go into further detail about all the laws of impaired driving.

Minnesota is an implied consent state. This means that anyone who drives a vehicle has consented to be tested for the presence of alcohol or other controlled substances in their system. There are three ways that one can be chemically tested, including:

• Breathalyzer Test
• Blood Test
• Urine Test

An officer must have probable cause in order to administer these comprehensive tests. Officers are trained to observe and assess each situation accordingly, often looking for signs such as:

• Erratic driving behavior
• Slurred speech
• Confused thoughts
• Smell of alcohol on the breath
• Refusal of preliminary DWI screening
• Failure to meet standards of preliminary DWI screening

These signs are necessary for an officer to determine whether you have committed a DWI violation.

If the officer believes that a DWI crime has occurred, they have the right to arrest you and take you in for further testing. It is important to note that since Minnesota is an implied state, refusal of a breathalyzer, urine, or blood test is considered a criminal offense.

DWI Penalties in Minnesota

There are different levels of DWI penalties, and they are categorized by the number of offenses and are further broke down by the severity of the offense. Each level of offense has both criminal and administrative consequences.

• 4th degree DWI – Results in a misdemeanor conviction with a maximum penalty of $1,000 and/or 90 days in jail
• 3rd degree DWI – Results in a gross misdemeanor conviction with a maximum penalty of $3,000 and/or 1 year in jail
• 2nd degree DWI – Results in a gross misdemeanor conviction with a maximum penalty of $3,000 and/or 1 year in jail
• 1st degree DWI – Results in a felony conviction with a maximum penalty of $14,000 and/or 7 years incarceration

The state of Minnesota does not have a points system in place. This doesn’t mean you can go about getting violation after violation with no consequences.

Instead of a points system, the Minnesota Department of Public safety periodically monitors your driving record and can suspend your license if you have an overwhelming history of traffic violations.

Insurance companies may have their own points system to keep track of your violations. Violations could mean higher insurance rates. Excessive violations could result in nonrenewal of insurance.

Insurance points can be accrued by:

• Leaving the scene of an accident
• Stealing a vehicle
• Felony conviction involving a motor vehicle
• Reckless driving
• Suspension or revocation of license

Revocation and Suspension of an Offender’s License

Driving is a privilege and must be taken responsibly. If you exhibit careless behavior while driving, then the state has no problem suspending or even revoking your license.

When your license is suspended, you temporarily lose your legal right to drive. However, your license can be easily reinstated after waiting a certain period.

Minnesota may suspend your driving privileges if you:

• Drive under the influence of alcohol (DWI)
• Leave the scene of an accident causing injury
• Exhibit speeding or other reckless driving
• Fail to pay traffic fines or child support
• Refuse to take a blood-alcohol test

Getting caught driving on a suspended license can lead to further punishment, such as license revocation.

License revocation is when a person permanently loses their license and their legal right to drive. Since license revocation is more severe than license suspension, you can’t get your old license back. You may apply for a new license, but your application can still be denied if they determine you are a threat to the public.

If you are eligible to reinstate your Minnesota drivers license, you must be prepared to do a little legwork. The Minnesota Driver and Vehicle Services (DVS) will send you a letter outlining exactly what you need to do.

The complexity of the instructions are on a case-by-case basis but generally require that:

• The suspension or revocation period has passed.
• There are no other suspensions or revocations pending against the license.
• You have met the conditions in order for license reinstatement.
• You have proof that fines and court costs have been paid.
• You have received an official notice of reinstatement in the mail.

An SR-22 form is a document that verifies insurance for high-risk drivers. It is not generally required in Minnesota, but if you have a DWI in another state which required you to file an SR-22 form, then you will need to maintain your SR-22 form in that state while you are in Minnesota.

It is important to note that not all Minnesota Insurance companies are licensed to handle SR-22 documentation, so it is imperative that you do your research beforehand.

If you are a habitual offender of a DWI, the state of Minnesota will put more restrictions when it comes to reinstating your driving privileges. Your license may be canceled until you enroll in a substance abuse program. Upon completion, you may be required to install an ignition interlock system in your car.

This device detects the presence of alcohol in your system, by requiring you to blow into the device before starting the vehicle. You may have to wait six years of no detected use of alcohol to reinstate your license.

DWI Precautions

Preventing a DWI is pretty simple. Don’t get behind the wheel after drinking.

Alcohol affects your thinking and your ability to be alert. If you are planning on drinking, plan ahead to make sure you have a safe way of getting home, whether it is a taxi or a designated driver.

Insuring a DWI offender

If you have a DWI conviction, it can be difficult to find insurance. Insurance companies don’t want to take the risk that you will be drinking and getting behind the wheel. That being said, there are some insurance companies in Minnesota that will take on high-risk drivers.

If you have more than one DWI conviction, you are pushing your luck with insurance. The best thing to do is to keep your driving record as clean as possible. Always comply with any court orders that require you to take safety or alcohol classes.

The most important thing is to avoid any traffic violations and obey all traffic laws. Over time, you may see your high insurance rates drop.

Shopping Around for Auto Insurance in Minnesota

Insurance rates for DWI offenders may be higher than regular auto insurance rates, but that doesn’t mean you can’t shop around for the best rates available. Using online comparison tools will help you find multiple car insurance quotes at the click of the button.

A DWI can limit you, but you shouldn’t let it stop you from progressing forward in your life. Start by making a pledge to yourself that you will never drink and drive again. Once you have that accountability in place, finding affordable car insurance is the next step in the right direction.

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