First Offense DWI in Minnesota

In Minnesota, DUIs are officially termed "driving while intoxicated" (DWI). However, they may be used interchangeably. A Minnesota DWI is a serious offense and has many legal, financial, and personal consequences for even first-time offenders. DWI offenders face as much as a 90-day jail sentence, a fine, or have their license suspended or revoked. These penalties reflect the state's commitment to ensuring all motorists and pedestrians are safe and kept from harm.

What Qualifies as a First DWI in Minnesota?

For someone to violate Minnesota's impaired driving laws, they must have a blood alcohol content (BAC) that exceeds the state limit of 0.08%. However, this rule is not applied across the board as it depends on the person driving the vehicle. The 0.08% limit applies to ordinary drivers above the legal drinking age. There is a zero tolerance limit for drunk drivers who are too young to drink. Underaged drivers are subject to a BAC limit of 0.00%.

Commercial drivers' BAC must not exceed 0.04%. Law enforcement determines who has surpassed the BAC limit by using breathalyzers. For this to work, the suspect has to breathe into a device that points out the amount of alcohol in their breath. If the officer is unsatisfied with the test results, they may conduct a field sobriety test to ascertain impairment.

Possible Penalties for a First Offense DWI in Minnesota

In Minnesota, a DWI conviction may result in severe consequences such as jail time. The following are the penalties for a first offender for DWI in Minnesota:

Do You Lose Your License for a First DWI in Minnesota?

The circumstances surrounding a DWI arrest determine how long an individual will lose their driving privileges. Their criminal history may also be a factor. However, not all DWI violations will affect their current suspension. Minnesota has a 10-year "look back" period, meaning that only convictions that occurred within that time frame will count. Most first-time DWI offenders lose their driving privileges for 90 days, though a guilty plea may reduce that to 30 days. First-time offenders who refuse to submit to a chemical test or have a blood alcohol content of 0.16% may have their license revoked for up to a year.

What Is the Implied Consent Law in Minnesota and How Does It Affect First DWI Cases?

Drivers on Minnesota roads are subject to the Minnesota implied consent law, which means anyone driving on Minnesota's public roads automatically agrees to submit to a BAC or field sobriety test. However, drivers still retain some rights despite the implied consent law. For instance, specific rules protect drivers from unlawful stops and testing.

Before the implied consent law may take effect, law enforcement must have reasonable grounds to suspect the driver of wrongdoing. Implied consent laws typically apply in the following situations:

1. A DWI Arrest: If arrested for DWI, an officer may insist on a chemical test to determine a driver's BAC levels.
2. Probable Cause of Impairment: Officers must have a reasonable belief that you are impaired before requesting a chemical test.

Drivers who refuse to be subject to a BAC test may expect the following consequences:

1. License Revocation: Law enforcement may revoke a person's driver's license for one year after a first-time offense. However, the license revocation will be for two years if the person had a prior implied consent revocation within the past ten years.
2. Criminal Charges: Refusing a BAC test does not protect a person from criminal charges. The police may still charge them with DWI based on other evidence, such as the officer's observations, field sobriety tests, or witness statements.
3. Plate Impoundment: If a driver has a prior impaired driving incident within the past ten years, law enforcement may impound their license plates and have special "whiskey plates" issued.
4. Vehicle Forfeiture: Depending on the circumstances of the refusal and prior offenses, a driver's vehicle may be subject to forfeiture.

Is an Ignition Interlock Device Required for a First DWI Offense in Minnesota?

To prevent repeat offenses by DWI offenders, Minnesota may require the installation of an ignition interlock device in their vehicles, which measures their blood alcohol concentration (BAC). The Minnesota Department of Public Safety administers this program. If the person blows into the device and alcohol is detected, the car will not start. First-time offenders are not usually required to install an ignition interlock device. However, if the offender had a BAC of 0.15%, far exceeding the legal limit, they may be required to install the device.

Can a First DWI Be Dismissed or Reduced in Minnesota?

A first-time DWI conviction has serious repercussions, including harm to a person's reputation, diminished work opportunities, and strained personal relationships. Therefore, anyone accused of DWI in Minnesota must pursue all legal options to get the case dismissed or reduced. In Minnesota, getting an OWI dismissed is difficult. Many variables may affect the result. To identify a reason for dismissal, a person may ask the court to review every aspect of the arrest. Courts would search for items like:

1. Unreasonable grounds for a traffic stop.
2. Violation of due process by law enforcement.
3. Faulty BAC or sobriety tests.

Long-Term Consequences of a First DUI

First-time DWI offenders in Minnesota may face lasting consequences. A DWI charge could result in a criminal record if the court convicts the offender. A DWI conviction will affect a person's chances of passing background checks, making it hard to find employment. This is especially the case with commercial drivers. Also, a DWI conviction indicates an individual may be dangerous to themselves and other motorists. As a result, they may have to pay higher insurance costs, potentially needing to purchase an SR-22 insurance policy. However, this is not required in Minnesota.

Do You Need a DWI Attorney in Minnesota?

Most people charged with DWI in Minnesota seek an experienced lawyer. Although an individual may choose to represent himself, the rules are too complicated and require an expert. An attorney will help defendants contest evidence, bargain for lighter sentences, and defend their rights.