According to AutoInsurance.com, Minnesota is among the states with the highest rate of DWI conviction in the United States. Around 4% of our state’s residents reportedly have a conviction for driving under the influence of alcohol.
Part of the reason why there are so many DWIs in Minnesota is the complexity of the state’s drink driving rules. Though there is a general blood alcohol concentration (BAC) limit to which all drivers must adhere, there are some circumstances in which the limit is lower. It’s also possible to get convicted of a DWI offense without being over the limit in some circumstances.
Exceptions to General DWI Limits
So, are DWI limits the same for everyone in Minnesota?
Minnesota law sets the standard BAC limit at 0.08%. This threshold applies to the majority of drivers operating vehicles on public roads. However, the law recognizes that certain categories of individuals pose a greater risk when they’re impaired, so drivers in these groups have lower allowances.
Commercial Drivers
For those holding a commercial driver’s license (CDL), the BAC limit is halved to 0.04%. This stricter standard reflects the potential for greater harm due to the size and weight of commercial vehicles.
Underage Drivers
Minnesota enforces a zero-tolerance policy for underage drivers when it comes to alcohol. Anyone under the age of 21 found driving with any detectable amount of alcohol in their system can face DWI charges.
This zero-tolerance approach can lead to uncertainty in cases involving, for example, mouthwash with traces of alcohol in it, as products like this can cause positive breathalyzer results.
If you’re concerned that your DWI arrest was unfair, you should explain the situation to a lawyer.
School Bus and Daycare Vehicle Drivers
Drivers operating school buses or vehicles transporting children for daycare services are subject to a BAC limit of 0.04%, like commercial drivers. Given the precious cargo they carry, these drivers are expected to adhere to a higher standard of sobriety to ensure the safety of children.
Aggravated DWI Offenses
It’s possible to attract more serious charges if you’re caught driving while well over the normal BAC limit that applies to you. As a normal driver, if you’re arrested with a BAC of 0.16% or more you may be hit with a more serious charge. This is known as aggravation.
DWI charges can be aggravated for other reasons as well, such as:
- Driving under the influence of alcohol with children in your car.
- Driving under the influence with a prior DWI conviction or license revocation on your record from within the last 10 years.
Other Exceptions to Consider
It’s possible to be charged with a Minnesota DWI offense even if the concentration of alcohol in your blood is below the relevant legal limit. The limits are just the point at which no other evidence is necessary for a DWI conviction. If a police officer evaluates you and decides that you’re too intoxicated to drive, you can still be charged with a DWI offense.
The Minnesota open container law means you can be guilty of a misdemeanor offense for having an open container of alcohol in your vehicle. This rule can apply even if you’re completely sober.
It’s important to note that judgments in cases like these can be highly subjective. A good DWI lawyer will be able to construct a solid argument in your defense and maximize your chances of emerging from the case with a positive result.
Getting the Help You Need With Your Minnesota DWI Defense
If you’ve run afoul of the special DWI limits we’ve discussed here, or you’re facing any other type of Minnesota DWI charge, we can help. Contact us today to schedule a consultation about your case.
