Does my Blood Alcohol Level Matter for a DWI in Minnesota?
The short answer is, Yes. If you are stopped for a DWI in Minnesota and you are arrested and asked to blow into the machine at the police station, what you blow into the machine may change how you are charged. If you facing charges in Minnesota, one of the first things you should do is consult with an experienced Minnesota DWI Defense Attorney.
“What you blow into the machine may make all of the difference in how you are charged and what it could mean to your future.”
Why Your Blood Alcohol Concentration (BAC) Level Matters so Much
When the police determine your BAC level after arrest in Minnesota, that BAC is a critical factor in determining whether you can be charged with a DWI. The legal limit in Minnesota for BAC is 0.08%, which means that with a BAC is 0.08% or higher while operating a motor vehicle, you could be charged with a DWI.
This being said, Minnesota may also attempt to charge you with a DWI even if your BAC is less than 0.08% if they are arguing that you were impaired by alcohol or drugs including prescription drugs. This impairment charge is frequently included alongside the over .08 charge.
Finally, if your BAC is .16 or over, Minnesota may be able to charge you more seriously. While a first offense DWI within 10 years in Minnesota is a misdemeanor if you are charged with impairment or over .08, which means up to 90 days in jail and up to a $1000 fine, a first offense DWI with a BAC over .16 would result in a gross misdemeanor charge. This could result in up to a year in jail and up to a $3000 fine.
As you can see, your BAC can matter. So, to summarize, if you get a DWI:
Below .08 and you might not get charged unless it is an impairment charge.
.08-.15 and you may face misdemeanor charges if this is a first offense within 10 years.
.16 or higher and you may face gross misdemeanor charges if this is a first offense within 10 years.
“The ramifications of any DWI can be criminally severe but it can also impact your license, insurance, license plates and even vehicle forfeiture.”
If you are charged with a DWI, understand that Minnesota will likely come at you in multiple ways and you need a game plan in order to be prepared for what that means. How do you deal with the charges? Jail? Fines? Probation? What about license ramifications? How do you get back on the road? An experienced Minnesota criminal defense attorney can answer all of these questions. So, if you are facing charges, find somebody you can depend upon.
Go with the Best
Jack Rice is a nationally recognized criminal defense attorney, a former prosecutor, and Board Certified Criminal Law Specialist. Jack is also the Founder of Jack Rice Defense, a boutique criminal defense firm based in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339. Jack’s got your back.