The criminal defense lawyers at Neff Law Firm, P.A., represent clients in a wide range of criminal cases. If you have been arrested for drunk driving in Minnesota, contact Neff Law Firm. To learn more about DWI/DUI, please review the FAQs below.
What Is a DWI/DUI?
It is a crime in the state of Minnesota to drive, operate, or be in physical control of any motor vehicle anywhere in the state of Minnesota while under the influence of alcohol, a controlled substance, or knowingly under the influence of a hazardous substance or any combination of these, an alcohol concentration of .08 or more at the time, or within two hours of driving, operating or being in control of a motor vehicle, or having any amount or the metabolites of a schedule I or II controlled substance (other than marijuana) in the body.
It is also a crime to refuse to submit to a chemical test of the person's blood, breath or urine under Minnesota's Implied Consent law. A person can also be arrested for DWI/DUI operating an off-road recreational vehicle or a motorboat while under the influence as well, if he or she is driving, operating or in physical control of an off-road recreational vehicle or motorized watercraft while under the influence of drugs or alcohol.
What Are the Blood-Alcohol Limits for Commercial Drivers?
If the motor vehicle is a commercial vehicle, an alcohol concentration of .04 or more at the time, or within two hours of driving, operating or being in control of a motor vehicle is a crime.
What Does Implied Consent Mean Under Minnesota Law?
Any person who drives, operates or is in physical control of a motor vehicle anywhere in the state of Minnesota is deemed to have provided his or her consent to allowing chemical testing of his or her breath, blood or urine. The implied consent law may also apply to a person driving, operating or in physical control of an off-road recreational vehicle, boat or motorized watercraft if he or she has a qualified prior impaired driving incident on his or her record.
What Does "Enhanceable" Mean in Relationship to a DWI/DUI Offense?
An enhanceable offense is one where the penalties for subsequent offenses for the same conduct are more serious and carry an enhanced penalty. For instance, a first time DWI/DUI is usually a misdemeanor offense, which is punishable by a fine of up to $1,000.00, 90 days in jail, or both. If a person is arrested for a subsequent DWI/DUI offense too close in time to a qualified prior impaired driving incident the new offense may be considered a gross misdemeanor, which is punishable by a fine of up to $3,000.00 and/or up to 1 year in jail. A felony DWI/DUI carries a fine of not more than $14,000.00 and imprisonment of not more than seven years or both.
What Is a Qualified Prior Impaired Driving Incident?
A qualified prior impaired driving incident includes both prior impaired driving convictions and prior impaired driving-related losses of license or operating privileges, in other words, implied consent revocations of one's driver's license and/or driving privileges.
Contact a DWI defense attorney at Neff Law Firm, P.A., to discuss options for fighting a drunk driving charge in Minnesota. Flexible appointment times are available at both the Roseville and Edina law offices.
