What are the Elements of a DWI in Minnesota?
Minnesota DWI laws make it a crime if:
you drive, operate or are in physical control of a motor vehicle anywhere in the State of Minnesota, including boundary waters, while:
you are under the influence of alcohol or a controlled substance,
you were driving with a blood alcohol concentration (BAC) of 0.08 (.08 is defined as .08 percent alcohol concentration) or more as tested within two hours of driving, operating or in physical control of a motor vehicle.
you have a schedule I or schedule II controlled substance in your body (any amount); or
it is a commercial vehicle, having a BAC of .04 or more at the time or within two hours of driving, operating or in physical control of a vehicle, or
2. you refuse to submit to a chemical test of the person’s blood, breath or urine according to the implied consent laws of Minnesota. However, it is only a crime to refuse a urine or blood test if the officer first obtained a search warrant to collect those samples and you then refuse.
Can Minnesota use Additional Factors to Make Charges More Serious?
Absolutely. Even with first or subsequent offenses, Minnesota can actually charge you with more serious crimes because of aggravating or enhancing factors for a DWI.
What Factors Does Minnesota Consider Aggravating Factors?
Prior DWI convictions or license revocations in the the past ten years. Prior convictions or revocations don’t necessarily have to be in Minnesota;
A blood alcohol concentration (BAC) of at least .16;
Previously refusing to submit to evidentiary breath, blood, or urine tests;
Having a child under age 16 in the vehicle at the time of the offense
Jack Rice Defense Can Help You Navigate this Process.
Because there are very specific legal and factual requirements for each and every element of a DWI charge, it is important to sit down with a Board Certified Criminal Law Specialist to discuss your situation. Whether this is your first DWI or you have priors, don’t hesitate to give Jack Rice Defense a call. Jack is a Board Certified Criminal Law Specialist and can help you understand what you face and how to get your life back on track.
Let a St. Paul DWI Lawyer help. Reach out for a free consultation.