Minnesota DWI Charges
Below are descriptions of the common classes of DUI charges in Minnesota.
DWI - In the state of Minnesota, the offense of drunk driving is referred to as "driving while impaired" (DWI). It is illegal for any person to drive, operate, or be in physical control of a motor vehicle within the state of Minnesota when a person is under the influence of alcohol or a controlled substance. It is also illegal for a person to be knowingly under the influence of a hazardous substance that affects the body in a way that substantially impairs the person's ability to drive or operate a motor vehicle. "Motor vehicle" does not just apply to cars - you can also receive a DWI while operating a boat, all terrain vehicle, and snowmobile.
DRUGGED DWI - It is illegal to operate or drive or be in physical control of a vehicle when the person's body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
PER SE DUI - Minnesota alse has a "per se" DWI law wherein intoxication is presumed when a person's blood alcohol content (BAC) is .08 or higher within two hours of operating, driving, or being in physcial control of a vehicle.
COMMERCIAL VEHICLES - It is illegal for a person to operate a motor vehicle with a BAC of .04 or higher within two hours of driving.
ZERO TOLLERANCE LAW - Minors under the age of 21 will be arrested for DWI if any presence of alcohol is detected it the minor's system.
SCHOOL BUS/SMART BUS DRIVERS - A driver of a school bus or smart bus will be charged with DWI in Minnesota if there is physical evidence of any amount of alcohol present in the driver's system. Additional penalties will apply if there is a minor under the age of 16 in the vehicle at the time of the arrest.
AGGREVATING FACTORS - What punishment will be imposed for a DWI charge in Minnesota depends on whether there were any aggravating factors in your case. Prior convictions, BAC results over .20, and the existence of minors in the vehicle at the time of the arrest are considered aggravating factors. DWI's are classified into 4 categories for punishment purposes. Please see the Minnesota Penalties tab for more information.
CRIMINAL VEHICULAR OPERATION (CVO)/HOMICIDE - A person who causes injury or death to another as a result of a DWI incident will be charged with a felony. Felony charges will be filed even if the injury to another is only minor.
**It is also a crime in Minnesota to refuse to submit to a chemical test. Please see the Minnesota Driving tab for more information
Minnesota DWI Statutes
169A.20 DRIVING WHILE IMPAIRED.
Subdivision 1.Driving while impaired crime.
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state:
(1) when the person is under the influence of alcohol;
(2) when the person is under the influence of a controlled substance;
(3) when the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person's ability to drive or operate the motor vehicle;
(4) when the person is under the influence of a combination of any two or more of the elements named in clauses (1), (2), and (3);
(5) when 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 motor vehicle is 0.08 or more;
(6) when 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; or
(7) when the person's body contains any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.
Subd. 2.Refusal to submit to chemical test crime.
It is a crime for any person to refuse to submit to a chemical test of the person's blood, breath, or urine under section 169A.51 (chemical tests for intoxication), or 169A.52 (test refusal or failure; revocation of license).
Subd. 3.Sentence.
A person who violates this section may be sentenced as provided in section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired).
169A.24 FIRST-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.Degree described.
A person who violates section 169A.20 (driving 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;
(2) has previously been convicted of a felony under this section; or
(3) has previously been convicted of a felony under section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6).
Subd. 2.Criminal penalty.
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. The person is subject to the mandatory penalties described in section 169A.276 (mandatory penalties; felony violations).
169A.25 SECOND-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.Degree described.
(a) A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed.
Subd. 2.Criminal penalty.
Second-degree driving while impaired is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable.
169A.26 THIRD-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.Degree described.
(a) A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed.
(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of third-degree driving while impaired.
Subd. 2.Criminal penalty.
Third-degree driving while impaired is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable.
169A.27 FOURTH-DEGREE DRIVING WHILE IMPAIRED.
Subdivision 1.Degree described.
A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of fourth-degree driving while impaired.
Subd. 2.Criminal penalty.
Fourth-degree driving while impaired is a misdemeanor.
84.91 OPERATION OF SNOWMOBILES AND ALL-TERRAIN VEHICLES BY PERSONS UNDER THE INFLUENCE OF ALCOHOL OR CONTROLLED SUBSTANCES.
Subdivision 1.Acts prohibited.
(a) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall authorize or permit any individual the person knows or has reason to believe is under the influence of alcohol or a controlled substance or other substance to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.
(b) No owner or other person having charge or control of any snowmobile or all-terrain vehicle shall knowingly authorize or permit any person, who by reason of any physical or mental disability is incapable of operating the vehicle, to operate the snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state.
(c) A person who operates or is in physical control of a snowmobile or all-terrain vehicle anywhere in this state or on the ice of any boundary water of this state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a snowmobile or all-terrain vehicle, or who refuses to comply with a lawful request to submit to testing under sections 169A.50 to 169A.53 or an ordinance in conformity with it, shall be prohibited from operating the snowmobile or all-terrain vehicle for a period of one year. The commissioner shall notify the person of the time period during which the person is prohibited from operating a snowmobile or all-terrain vehicle.
(d) Administrative and judicial review of the operating privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative and judicial review of the prohibition is governed by section 169A.53.
(e) The court shall promptly forward to the commissioner and the Department of Public Safety copies of all convictions and criminal and civil sanctions imposed under this section and chapters 169 and 169A relating to snowmobiles and all-terrain vehicles.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor. A person who operates a snowmobile or all-terrain vehicle during the time period the person is prohibited from operating a vehicle under paragraph (c) is guilty of a misdemeanor.
86B.331 OPERATION WHILE USING ALCOHOL OR DRUGS OR WITH A PHYSICAL OR MENTAL DISABILITY.
Subdivision 1.Acts prohibited.
(a) An owner or other person having charge or control of a motorboat may not authorize or allow an individual the person knows or has reason to believe is under the influence of alcohol or a controlled or other substance to operate the motorboat in operation on the waters of this state.
(b) An owner or other person having charge or control of a motorboat may not knowingly authorize or allow a person, who by reason of a physical or mental disability is incapable of operating the motorboat, to operate the motorboat in operation on the waters of this state.
(c) A person who operates or is in physical control of a motorboat on the waters of this state is subject to chapter 169A. In addition to the applicable sanctions under chapter 169A, a person who is convicted of violating section 169A.20 or an ordinance in conformity with it while operating a motorboat, shall be prohibited from operating the motorboat on the waters of this state for a period of 90 days between May 1 and October 31, extending over two consecutive years if necessary. If the person operating the motorboat refuses to comply with a lawful demand to submit to testing under sections 169A.50 to 169A.53 or an ordinance in conformity with it, the person shall be prohibited from operating the motorboat for a period of one year. The commissioner shall notify the person of the period during which the person is prohibited from operating a motorboat.
(d) Administrative and judicial review of the operating privileges prohibition is governed by section 97B.066, subdivisions 7 to 9, if the person does not have a prior impaired driving conviction or prior license revocation, as defined in section 169A.03. Otherwise, administrative and judicial review of the prohibition is governed by section 169A.53.
(e) The court shall promptly forward to the commissioner and the Department of Public Safety copies of all convictions and criminal and civil sanctions imposed under this section and chapters 169 and 169A relating to motorboats.
(f) A person who violates paragraph (a) or (b), or an ordinance in conformity with either of them, is guilty of a misdemeanor.
(g) For purposes of this subdivision, a motorboat "in operation" does not include a motorboat that is anchored, beached, or securely fastened to a dock or other permanent mooring, or a motorboat that is being rowed or propelled by other than mechanical means.
169A.31 ALCOHOL-RELATED SCHOOL BUS OR HEAD START BUS DRIVING.
Subdivision 1.Crime described.
It is a crime for any person to drive, operate, or be in physical control of any class of school bus or Head Start bus within this state when there is physical evidence present in the person's body of the consumption of any alcohol.
Subd. 2.Gross misdemeanor alcohol-related school bus or Head Start bus driving.
A person who violates subdivision 1 is guilty of gross misdemeanor alcohol-related school bus or Head Start bus driving if:
(1) the violation occurs while a child under the age of 16 is in the vehicle, if the child is more than 36 months younger than the violator; or
(2) the violation occurs within ten years of a qualified prior impaired driving incident.
Subd. 3.Misdemeanor alcohol-related school bus or Head Start bus driving.
Except as provided in subdivision 2, a person who violates subdivision 1 is guilty of misdemeanor alcohol-related school bus or Head Start bus driving.
169A.33 UNDERAGE DRINKING AND DRIVING.
Subdivision 1.Definition.
As used in this section, "motor vehicle" does not include motorboats in operation or off-road recreational vehicles.
Subd. 2.Crime described.
It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.
Subd. 3.Criminal penalty.
A person who violates subdivision 2 is guilty of a misdemeanor.
Subd. 4.Administrative penalty.
When a person is found to have committed an offense under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of the court's determination, the commissioner shall suspend the person's driver's license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated subdivision 2 or a statute or ordinance in conformity with it.
Subd. 5.Exception.
If the person's conduct violates section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the penalties and license sanctions in those laws or section 169A.54 (impaired driving convictions and adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.
Subd. 6.Jurisdiction.
An offense under subdivision 2 may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed.
609.21 CRIMINAL VEHICULAR HOMICIDE AND INJURY.
Subdivision 1.Criminal vehicular homicide or operation; crime described.
A person is guilty of criminal vehicular homicide or operation and may be sentenced as provided in subdivision 1a, if the person causes injury to or the death of another as a result of operating a motor vehicle:
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of:
(i) alcohol;
(ii) a controlled substance; or
(iii) any combination of those elements;
(3) while having an alcohol concentration of 0.08 or more;
(4) while having an alcohol concentration of 0.08 or more, as measured within two hours of the time of driving;
(5) in a negligent manner while knowingly under the influence of a hazardous substance;
(6) in a negligent manner while any amount of a controlled substance listed in schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols, is present in the person's body;
(7) where the driver who causes the accident leaves the scene of the accident in violation of section 169.09, subdivision 1 or 6; or
(8) where the driver had actual knowledge that a peace officer had previously issued a citation or warning that the motor vehicle was defectively maintained, the driver had actual knowledge that remedial action was not taken, the driver had reason to know that the defect created a present danger to others, and the injury or death was caused by the defective maintenance.
Subd. 1a.Criminal penalties.
(a) A person who violates subdivision 1 and causes the death of a human being not constituting murder or manslaughter or the death of an unborn child may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
(b) A person who violates subdivision 1 and causes great bodily harm to another not constituting attempted murder or assault or great bodily harm to an unborn child who is subsequently born alive may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
(c) A person who violates subdivision 1 and causes substantial bodily harm to another may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $10,000, or both.
(d) A person who violates subdivision 1 and causes bodily harm to another may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both.
Subd. 1b.Conviction not bar to punishment for other crimes.
A prosecution for or a conviction of a crime under this section relating to causing death or injury to an unborn child is not a bar to conviction of or punishment for any other crime committed by the defendant as part of the same conduct.
Subd. 2.
[Repealed, 2007 c 54 art 3 s 15]
Subd. 2a.
[Repealed, 2007 c 54 art 3 s 15]
Subd. 2b.
[Repealed, 2007 c 54 art 3 s 15]
Subd. 3.
[Repealed, 2007 c 54 art 3 s 15]
Subd. 4.
[Repealed, 2007 c 54 art 3 s 15]
Subd. 4a.Affirmative defense.
It shall be an affirmative defense to a charge under subdivision 1, clause (6), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.
Subd. 5.Definitions.
For purposes of this section, the terms defined in this subdivision have the meanings given them.
(a) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, and includes attached trailers.
(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(c) "Hazardous substance" means any chemical or chemical compound that is listed as a hazardous substance in rules adopted under chapter 182.
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