Minnesota Driving While Impaired (DWI) or Driving Under the Influence (DUI) Statutes

A person is in violation of Minnesota’s DWI laws under the following circumstances (Minn. Stat. § 169A.20)

Driving While Impaired Crime; motor vehicle (Minn. Stat. § 169A.20,subdivision 1)

It is a crime for any person to drive, operate, or be in physical control of any motor vehicle except for motorboats in operation and off-road recreational vehicles, within this state or on any boundary water of this state when:

  • the person is under the influence of alcohol;
  • the person is under the influence of a controlled substance;
  • the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person’s ability to drive or operate the motor vehicle;
  • the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);
  • the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
  • the vehicle is a commercial motor vehicle and the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the commercial motor vehicle is 0.04 or more; or
  • the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Driving while impaired crime; motorboat in operation (Minn. Stat. § 169A.20, subdivision 1a)

It is a crime for any person to operate or be in physical control of a motorboat in operation on any waters or boundary water of this state when:

  • the person is under the influence of alcohol;
  • the person is under the influence of a controlled substance;
  • the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person’s ability to drive or operate the motorboat;
  • the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);
  • the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motorboat is 0.08 or more; or
  • the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Driving while impaired crime; snowmobile and all-terrain vehicle (Minn. Stat. § 169A.20, subdivision 1b)

It is a crime for any person to operate or be in physical control of a snowmobile or all-terrain anywhere in this state or on the ice of any boundary water of this state when:

  • the person is under the influence of alcohol;
  • the person is under the influence of a controlled substance;
  • the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person’s ability to drive or operate the snowmobile or all-terrain vehicle;
  • the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);
  • the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the snowmobile or all-terrain vehicle is 0.08 or more; or
  • the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Driving while impaired crime; off-highway motorcycle and off-road vehicle (Minn. Stat. § 169A.20, subdivision 1c):

It is a crime for any person to operate or be in physical control of any off-highway motorcycle or any off-road vehicle anywhere in this state or on the ice of any boundary water of this state when:

  • the person is under the influence of alcohol;
  • the person is under the influence of a controlled substance;
  • the person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person’s ability to drive or operate the off-highway motorcycle or off-road vehicle;
  • the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3);
  • the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the off-highway motorcycle or off-road vehicle is 0.08 or more; or
  • the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols.

Refusal to submit to chemical test crime (Minn. Stat. § 169A.20, subdivision 2)

It is a crime for any person to refuse to submit to a chemical test of the person’s blood, breath, or urine.

A person who violates one of the above sections can be charged with first through fourth degree DWI depending on the circumstances.

1st Degree DUI (Minn. Stat. § 169A.24)

A person who violates section 169A.20 (driving while impaired- listed above) is guilty of first-degree driving while impaired if the person:

  • commits the violation within ten years of the first of three or more qualified prior impaired driving incidents;
  • has previously been convicted of a felony under this section; or
  • has previously been convicted of a felony

2nd Degree DUI (Minn. Stat. § 169A.25)

A person who violates section 169A.20 is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed,

OR

A person who violates section 169A.20, subdivision 2(refusal to submit to chemical test crime), is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed

3rd Degree DUI (Minn. Stat. § 169A.26)

A person who violates section 169A.20, is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed,

OR

A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of third-degree driving while impaired.

4th 4th Degree DUI (Minn. Stat. § 169A.24)

A person who violates section 169A.20, is guilty of fourth-degree driving while impaired

DWI & DUI Information Minneapolis, MN








 

Locations

Anoka Office

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Anoka, MN 45.199654, -93.387372

2150 3rd Ave North
Suite 210
Anoka, MN 55303

Hopkins Office

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Hopkins Office 44.925443, -93.410989

25 9th Ave North
PO Box 458
Hopkins, MN 55343