If you get your instruction permit at 15, you could be on the road for almost six years before you’re legally allowed to drink alcohol. Though it’s never legal to drink excessively and drive, the limits are even stricter for those who aren’t permitted to drink at all.
However, it’s important to remember that an underage drunk driving charge doesn’t have to spell disaster. If you have a top-class DWI lawyer in your corner, you may be able to emerge from your case with a positive result.
In this post, we break down everything you need to know if you’re an underage driver who’s been charged with a DWI offense in Minnesota.
Understanding Minnesota’s Zero Tolerance Law
Ordinarily, drivers can legally drive with a small amount of alcohol in their system. As long as they don’t have a blood alcohol concentration (BAC) higher than the legal limit of 0.08% and can drive at an acceptable standard and not under the influence, they’re not breaking the law.
This is not the case if you’re younger than 21. Minnesota has what’s known as a “not-a-drop” or “zero-tolerance” law, meaning any driver under the age of 21 can be charged with an offense if they have any detectable amount of alcohol in their system.
It’s important to note, however, that zero-tolerance offenses are not true DWI offenses. This is significant because if you’re convicted of a zero-tolerance offense while you’re underage and then convicted of DWI later, when you’re over the age of 21, you’ll still be considered a first-time DWI offender on the second occasion.
Additionally, under Minnesota’s open container law, it’s against the law to have an open container of alcohol in your car while driving, even if you’re not drinking it and you’re entirely sober (this rule applies regardless of age).
Penalties for Underage DWI in Minnesota
As noted above, a violation of the “not-a-drop” law is not the same as a DWI. Having a detectable amount of alcohol in your system as an underage driver is a misdemeanor offense, carrying penalties of up to 90 days in jail and a fine of up to $1,000.
However, if you commit a proper DWI offense (that is, you’re caught driving with a BAC over 0.08%), you may face more serious penalties, depending on surrounding circumstances.
Differences in Penalties for Underage Drivers
“Underage” in the context of DWI offenses can mean two things. There are drivers who are younger than 21, but older than 18 – those who are legally adults, but not old enough to drink alcohol. Then, there are juveniles, or those under the age of 18. There are important differences between the two in terms of how drink driving offenses are handled.
If you get arrested for drunk driving while under the age of 18, your case may be heard by a juvenile court, rather than an adult one. However, if you’re caught driving while over the adult legal BAC limit of 0.08%, you’ll most likely be tried in adult court, and potentially face adult penalties (with the exception of incarceration in an adult prison).
Also, you may lose your driving privileges until you turn 18 following a zero-tolerance violation, or be required to complete a driver education course and knowledge test before reapplying for your license.
What Is Vanessa’s Law?
Vanessa’s Law sets out a number of rules and requirements in relation to underage drivers. Introduced in 2008, it sets out three stages for young drivers to complete as part of the state’s graduated drivers’ licensing (GDL) scheme. They are:
- The instruction permit.
- The provisional license.
- The full license.
Different rules apply at each stage of the GDL process. For example, if you’re on your instruction permit, you must have a licensed driver over the age of 21 in the car with you whenever you drive.
Start Working With a Minnesota DWI Lawyer Today
If you’re currently dealing with an underage drunk driving charge, or someone close to you is, it may be time to consult with an experienced DWI lawyer.
