DWI, or Driving While Impaired, involves the operation of a motor vehicle while under the influence of alcohol to the degree that cognitive and motor skills are impaired. In Minnesota, DWI laws also apply not only to motor vehicles such as cars, but also to recreational vehicles such as ATVs, airplanes, boats and snowmobiles.
Minnesota statutes outline four major categories of drunk driving crimes:
- First-Degree DWI (Felony)
- Second-Degree DWI (Gross Misdemeanor)
- Third-Degree DWI (Gross Misdemeanor)
- Fourth-Degree (Misdemeanor)
The degree of a DWI in Minnesota depends upon whether ”aggravating factors“ are present at the time of arrest. These factors include:
- A qualified prior impaired driving incident within the ten years immediately preceding the current offense
- Having an alcohol concentration of .20 or more as measured at the time, or within two hours of the time, of the offense
- Having a child under the age of 16 in the motor vehicle at the time of the offense, if the child is more than 36 months younger than the offender
A drunk driver is guilty of First-Degree DWI if they commit a violation within ten years of the first three or more drunk driving incidents, or have been previously convicted of felony DWI in Minnesota. A drunk driver is guilty of Second-Degree DWI if two or more aggravating factors were present when the violation was committed. A drunk driver is guilty of Third-Degree DWI if one aggravating factor was present when the violation was committed. A drunk driver is guilty of Fourth-Degree DWI if their blood alcohol content totals .08 or more at the time of operating a motor vehicle.
Try the Police Notebook Blood Alcohol Content Calculator and the Drink Wheel to learn more about alcohol consumption and body weight.
This is a general overview of Minnesota’s DWI laws. For more information or to discuss your legal issue in depth, contact us at (612) 338-5007 or simply fill out the free consultation form to the left on this page.
