In Minnesota, one situation where you may be charged with DWI with a BAC below the legal limit is if you are caught driving under the influence of drugs or controlled substances. This would be in violation of the state’s law as such, and will thus result in an automatic DWI—regardless of your BAC.
There are also other specific instances in Minnesota DWI laws where lower BAC limits are defined, particularly for underage drivers and commercial drivers.
Minors or individuals below 21 years of age may be charged with underage drinking and driving if they are caught driving a vehicle with a BAC below .08 percent. In fact, the state’s laws on underage drinking consider it illegal for drivers under the age of 21 to get behind the wheel with absolutely any amount of alcohol in their system. The penalties for underage drink driving may be harsher, depending on the severity of the offense, the number of times an alcohol-related offense has been committed, and the driver’s BAC.
Commercial drivers in Minnesota are also held to a different legal standard compared to other drivers on the road. Any individual operating a commercial motor vehicle with a BAC of .04 percent or higher may be arrested for DWI. Failing to submit to a chemical test may also lead to the commercial driver facing a DWI.
All throughout the country, police officers are also cracking down on drivers who blow below the legal limit due to the legalization of marijuana use in some states. Breathalyzers may not be able to pick up during traces of drugs during the breath test, but marijuana and other drugs may cause serious impairment when coupled with alcohol use.
If you are facing a potential DWI charge, it is crucial that you seek competent DWI counsel right away–whether you were below or above the legal limit of .08 percent.