Driving Under the Influence (DUI) Laws in Minnesota

1. What are the minimum and maximum penalties for a first time DUI offense in Minnesota?


The minimum penalty for a first time DUI offense in Minnesota is a 90-day license suspension and up to 90 days in jail. The maximum penalty for a first-time DUI offense in Minnesota is a one-year license suspension and up to one year in jail.

2. What is the legal Blood Alcohol Content (BAC) limit in Minnesota?


The legal Blood Alcohol Content (BAC) limit in Minnesota is 0.08%.

3. Is it a criminal offense to refuse to take a chemical test after being pulled over for suspicion of DUI in Minnesota?


Yes, it is a criminal offense in Minnesota to refuse to take a chemical test after being pulled over for suspicion of DUI. Refusal of the chemical test is an implied consent violation, which carries a criminal penalty of up to 90 days in jail and/or a $1,000 fine.

4. How long does a DUI conviction stay on an individual’s record in Minnesota?


A DUI conviction stays on an individual’s record in Minnesota indefinitely.

5. Are there any exceptions to the zero tolerance policy on underage drinking and driving in Minnesota?


No, Minnesota has a strict zero tolerance policy for underage drinking and driving. There are no exceptions.

6. Are there any restrictions on the sale or possession of alcohol for drivers under 21 years of age in Minnesota?


Yes, there are restrictions on the sale and possession of alcohol for drivers under 21 years of age in Minnesota. Underage drivers are prohibited from purchasing or possessing any alcohol, including beer and wine. It is unlawful for any person to sell, give, or otherwise provide alcohol to any person under 21 years of age, or to aid and abet any person under 21 years of age in the purchase, possession, or consumption of alcohol. Additionally, it is illegal for anyone under 21 years of age to attempt to purchase, possess, or consume alcohol.

7. Are there any ignition interlock laws in Minnesota?


Yes, Minnesota has an ignition interlock law. This law requires anyone convicted of a DWI offense (once they become eligible for a limited license) to have an ignition interlock device installed in their car for a period of time determined by the court. During this time, the driver must blow into a breathalyzer device in order to start the car.

8. What type of license suspension is issued for a DUI conviction in Minnesota?


In Minnesota, a license suspension is issued for a DUI conviction which can range from 90 days to six years depending on the severity of the offense.

9. Is an individual required to attend drug and alcohol classes or treatment programs after being charged with a DUI in Minnesota?


Yes, in most cases, an individual charged with a DUI in Minnesota will be ordered to attend drug and alcohol classes or treatment programs as part of their sentence. Depending on the severity of the DUI charge, a judge may require an individual to complete an approved DWI/DUI education program, chemical health assessment, and/or alcohol and drug treatment program as part of their sentence.

10. Does Minnesota have an implied consent law for chemical testing after a DUI arrest?


Yes, Minnesota has an implied consent law for chemical testing after a DUI arrest. Under this law, if a person is arrested for a DUI and refuses to submit to chemical testing, their driving privileges may be revoked or suspended.

11. Are there any laws requiring sobriety checkpoints or roadblocks in Minnesota?


Yes, Minnesota law requires sobriety checkpoints or roadblocks. The Minnesota Department of Public Safety is responsible for setting up these checkpoints. The purpose of the checkpoints is to check for impaired drivers, to ensure that drivers and passengers are properly restrained, and to look for violations of other traffic safety laws.

12. Are there any restrictions on the types of vehicles an individual may operate following a DUI conviction in Minnesota?


Yes, individuals convicted of a DUI in Minnesota may be subject to certain restrictions on the types of vehicles they are allowed to operate. For instance, they may be required to install an ignition interlock device in their vehicle or may be prohibited from operating vehicles with a certain number of passengers. Additionally, they may be prohibited from operating large commercial vehicles or motorcycles.

13. Is it possible to have a DUI charge reduced to a lesser offense in Minnesota?


Yes, it is possible to have a DUI charge reduced to a lesser offense in Minnesota. Depending on the circumstances of the case, a qualified DUI attorney may be able to negotiate a plea bargain with the prosecutor to have the charge reduced to a lesser offense, such as reckless driving.

14. What is the legal limit for open containers of alcoholic beverages while driving in Minnesota?


In Minnesota, it is illegal to possess an open container of alcohol in a motor vehicle. This includes both the driver and any passengers.

15. Does insurance coverage change after a DUI conviction in Minnesota?


Yes, insurance coverage does change after a DUI conviction in Minnesota. Following a DUI conviction, insurance premiums typically increase and may remain higher for several years. In addition, some insurance carriers may refuse to insure drivers with a DUI conviction on their record.

16. Are there any circumstances where an individual may drive with revoked license resulting from a DUI conviction in Minnesota?


No, an individual may not drive with a revoked license resulting from a DUI conviction in Minnesota. A revoked license will remain revoked until reinstated by the state with payment of all applicable fees and satisfaction of any other requirements.

17. Are there any laws that make it illegal to operate a vehicle without insurance after being convicted of a DUI in Minnesota?


Yes. According to Minnesota law, any first-time DUI offender must obtain an SR-22 form, which is an insurance document that proves the driver has the minimum amount of liability insurance required by the state, before their license will be reinstated. Additionally, some judges may require a DUI offender to maintain an SR-22 for up to three years. Failure to comply with this requirement may result in further penalties, including license suspension.

18. Is plea bargaining allowed for DUI cases in Minnesota?


Yes, plea bargaining is allowed for DUI cases in Minnesota. However, it is important to keep in mind that DUI cases are misdemeanors in Minnesota and thus, plea bargaining cannot result in a lesser charge than a DUI.

19. How long does an individual have to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction in Minnesota?


In Minnesota, an individual has 30 days to request a hearing with the DMV regarding driver’s license revocation for a DUI conviction.

20. Does Minnesota offer any programs that allow individuals to get their driver’s license reinstated following a DUI conviction?


Yes, Minnesota does offer programs that allow individuals to get their driver’s license reinstated following a DUI conviction. The Minnesota Department of Public Safety (DPS) offers a Driver Alcohol and Drug Education Program (DADEP) that is designed to help individuals who have been convicted of a DUI. DADEP is a voluntary, six-month program that covers topics such as alcohol/drug use, risk taking, decision making, laws and regulations related to driving, and increasing self-awareness. Upon successful completion of the program, participants may be eligible to have their license reinstated.