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Minnesota DUI State Law

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Minnesota DUI Laws

Degrees of DWI/DUI
1st DUI Conviction
2nd DUI Conviction

According to Minnesota DUI laws, you have a limited time to file a request for a formal hearing if you have been arrested and charged with DUI in the state. It is also important to note that Minnesota DUI laws are some of the TOUGHEST in the country. For this reason, if you hope to have the charges reduced or dropped, you should work with a Minnesota DUI lawyer, who can help you through the process.

Minnesota Blood Alcohol Concentration Laws

Like the rest of the United States, if a blood alcohol level in Minnesota is at .18 percent, this is a violation of DUI laws. If your BAC level is at .20 or higher, this will cause additional, severity in the penalties you will face. Also, note that Minnesota has a ZERO Tolerance for those under 21. This means that ANY alcohol found in your body will warrant charges.

ESSENTIAL TIP: In Minnesota, DUI laws allow you the right to speak with an attorney BEFORE taking a chemical test. As soon as you are stopped for DUI, contact an attorney. It is Your Right to do so.

If you REFUSE a DUI chemical test: you could face ADDITIONAL CRIMINAL CHARGES. This is why it is critical to contact an attorney first. This is part of Minnesota's implied consent law!

Minnesota DUI Degrees of Conviction

Under Minnesota DUI laws, you will face charges based on the degree of your conviction:

1st Degree is a charge given if you are facing three or more aggravating factors including:

  • Prior impaired driving incident in the last 10 years (this is the look back period)
  • Blood alcohol content that is two times the legal limit
  • Child endangerment exists (a child is in the vehicle during an arrest)

If this happens, you will face up to 5 years in jail and $10,000 fine. The state will impound your plates and potentially your vehicle.

In a 2nd Degree, two of the above factors are present. This results in a year in jail and $3000 fine. License plates and vehicle forfeiture are likely.

In a 3rd Degree, one aggravating factor is evident. This will result in up to 1 year in jail and a $3000 fine.

In a 4th Degree, there are no aggravating factors. This is the only charge that is a misdemeanor and is punishable with up to 90 days in jail and a $1000 fine.

Minnesota DUI Laws on Offenses

In addition to the above, you will also face Minnesota DUI penalties based on the number of convictions. Here's a look at them:

First Conviction: Driver's license suspended for a minimum of 90 days. If you plead guilty, this reduces the sentence to 30 days. Fines up to $1000, plus a reinstatement fee of $680 when you are eligible for your license will be imposed. You will need to complete DWI knowledge testing and a chemical assessment. You will be charged with a misdemeanor.

Second Conviction: With a 10 year look back period, if you are convicted of a second DUI, you will face a driver's license suspension of at least 180 days, with restrictive driving permits after half of the time has passed. Plus, you could face up to 1 year in jail and pay a $3000 fine. You will be charged with a misdemeanor.

Hire a Minnesota DUI Lawyer

As you can tell, the Minnesota DUI laws are very strict and limiting. Before you make a mistake, work with a Minnesota DUI lawyer to get charges reduced or dropped. Fines, jail time and even suspensions may be nullified in some cases through the legal advice of an attorney.

Contact Minnesota Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in Minnesota:

  • Andover
  • Anoka
  • Austin
  • Bemidji
  • Brainerd
  • Burnsville
  • Circle Pines
  • Cottage Grove
  • Eden Prairie
  • Elk River
  • Faribault
  • Hastings
  • Lakeville
  • Mankato
  • Minneapolis DUI Lawyers
  • Moorhead
  • Osseo
  • Owatonna
  • Rochester
  • Saint Cloud
  • Saint Paul
  • Stillwater
  • Winona

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