Minnesota DWI laws are referred to as the Minnesota Impaired Driving Code. The provisions apply to any person who drives, operates, or is in physical control of a motor vehicle within the state with an alcohol concentration of 0.08 or more. If the driver operates a commercial vehicle, he or she is deemed legally impaired with a minimum alcohol concentration of 0.04.
169A.20 DRIVING WHILE IMPAIRED
Subdivision 1. Driving while impaired crime; motor vehicle
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle except for motorboats in operation and off-road recreational vehicles within the state or on any boundary water of the state when under the influence of alcohol, a controlled substance, a hazardous substance tha affects the body in such a way to impair a person's ability to operate a motor vehicle, the person's alcohol concentration 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; 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.
169A.24 FIRST-DEGREE DRIVING WHILE IMPAIRED
A person who drives while impaired is guilty of first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents; or
(2) has previously been convicted of a felony under this section.
A person who commits first-degree driving while impaired is guilty of a felony and may be sentenced to imprisonment for not more than seven years, or to payment of a fine of not more than $14,000, or both.
169A.25 SECOND-DEGREE DRIVING WHILE IMPAIRED
(a) A person who violates section drives while impaired is guilty of second-degree driving while impaired if two or more aggravating factors (prior incident with 10 years; having an alcohol concentration of 0.20 or more; having a child under 16 in the vehicle at time of offense) were present when the violation was committed.
(b) A person who violates section refuses to submit to chemical testing for intoxication is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed.
Second-degree driving while impaired is a gross misdemeanor.
169A.46 AFFIRMATIVE DEFENSES
If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20 that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed the specified level of intoxication.
If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20 that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with statute.
Talk to an Attorney
If you face a DWI charge in Minnesota, you may have an affirmative defense if you consumed alcohol after the offense so that the concentration exceeded statutory levels or if you took medications as prescribed that impaired your ability to drive. If you do not have any prior incidents on record, you may only be charged with a misdemeanor if there are no aggravating factors. Talk with an experienced DUI attorney to discuss possible defenses.
