Whether the term DUI, DWI or drunk driving is used in Minnesota, these all refer to the same offense. Basically speaking, the offense refers to:
- The act of operating, driving or being in control of a motor vehicle while you are either under the influence of alcohol, a hazardous substance, or a controlled substance.
- Having an alcohol concentration over the legal limit as shown by the results of a breath, blood or urine test within two hours of being stopped by law enforcement.
- Having any amount of specific controlled substances in the system.
Of course, the severity of a DUI or DWI offense may vary greatly depending on the state you live in. A driver’s level of intoxication is identified by his blood alcohol level at the time of arrest. In certain states, drunk driving laws consider DUI to be a lesser charge, and a DWI charge may be reduced to a DUI in some instances. For a DWI charge to be reduced, conditions may need to be met—such as the driver’s regret for his actions, the incident being a first offense, and a blood alcohol level that was not significantly over the legal limit.
In New York, for example, a person with a blood alcohol level of .08 is charged with DWI. If he is found to have a blood alcohol level of .07, then he may face a lesser punishment as his charges may possibly be reduced to a DUI.
In Minnesota, an individual is considered intoxicated if he or she has a blood alcohol level of .08. You can be arrested for having a lower blood alcohol level, however, if law enforcement can show that you committed driving errors due to alcohol or drugs.
Being charged with a DWI vs DUI in Minnesota comes with severe penalties that range from fines and a misdemeanor charge to license revocation, jail time and a felony conviction.