Just like other state, Minnesota State has specific laws related to DWI and DUI offenses. Being convicted of driving while intoxicated or under the influence of alcohol or other intoxicating substances carries with it strict penalties. Therefore, you need the help of Southern Minnesota DWI lawyers to understand the relevant laws and how they can affect your case.
Blood alcohol concentration limits
Minnesota State law establishes both legal and illegal BAC limits. Just like in other states across the country, the state of Minnesota has set the maximum per se BAC limit at 0.08%. In case a driver has a BAC level at or above this pre-established limit the driver is considered legally drunk. In this case, there is no need for a prosecutor to establish that the driver was driving dangerously or erratically. The blood alcohol content is enough evidence to get the driver convicted.
Note that this BAC limit is even lower for commercial drivers. For instance, drivers who handle diesel trucks and other types of commercial vehicles should comply with stringent guidelines. The BAC level for commercial vehicle drivers can’t be at or any level above 0.04%. In the event that a driver is convicted of driving while intoxicated, their driving license is likely to be suspended for one year to about ten years.
In the case of underage drinkers, these individuals should comply with no drinking laws and regulations. If a law enforcement officer stops a driver under the age of 21 for suspected DWI and the relevant tests show any amount of alcohol in their system, the driver will be in violation of the Minnesota State’s zero tolerance laws.
Generally, aggravated driving while intoxicated can be charged whenever an individual tests at a BAC of 0.16% or higher. This offense may include higher offenses for people who get convicted.
Implied consent law
Keep in mind that Minnesota State has enacted implied consent laws and regulations. By virtue of operating a vehicle in Minnesota, you, the driver, consents to a test to evaluate your BAC. Note that the test may be performed through your blood, urine, or breath and is used to find out whether or not you have alcohol or any other substances in your body. If you refuse to take the test, your license could end up being suspended. Besides, refusal to take the test might be used as evidence in your DWI case.
Criminal penalties for DWI
According to the law, the potential penalties for driving while intoxicated cases fall under two broad categories. These include criminal penalties and administrative penalties. Note that the administrative penalties have nearly everything to do with the offender’s license and driving privileges. On the other hand, criminal penalties consists of fines, jail time, or even both.
If you are facing DWI charges, your penalties could vary based on different factors. Therefore, you should consider working with a reliable attorney to piece together a strong defense and represent you in court.