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Minnesota


In Minnesota, a DWI, sometimes called “DUI,” is defined as driving, operating, or being in physical control of a motor vehicle while:
 
  • + under the influence of alcohol or drugs
  • + knowingly under the influence of a hazardous substance that affects the body and substantially impairs driving abilities
  • + having a blood alcohol concentration (BAC) of .08% or greater (a “per se” DWI), or
  • + having any amount of a Schedule I or II drug, except marijuana, in the body (also a per se DWI)


Upon a lawful arrest for DWI, Minnesota law also makes it a crime to refuse to take a breath alcohol test. This offense is referred to as an implied consent or test refusal crime.

  1st Offense 2nd Offense 3rd Offense 4th Offense
Jail
90 days
 		 90 days 1 year 7 year
Fee
Up to $1000
 		 Up to $1000 Up to $3000 Up to $14,000
License Suspension
Varies per arrest situation
 		 Varies per arrest situation Varies per arrest situation Varies per arrest situation

Other

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