Minnesota DWI Laws Attorney
The Minnesota DWI Law (MSA 169A) contains 47 Chapters and is over 280 pages long. The law is constantly changing as trial courts and appellate courts continue to issue rulings and opinions on a wide variety of DUI issues. That’s why, in a DWI case, a good defense attorney can make a big difference.
Under Minnesota’s DWI law it’s a crime to drive, operate, or be in physical control of a motor vehicle: (1) when the person is under the influence of alcohol; (2) when the person is under the influence of a controlled substance; (3) when the person has a blood alcohol content of over .08; (4) when the person has a blood alcohol content of over .08 within 2 hours. MSA 169A.20
A first offense, with no aggravating factors, is charged as a 4th degree DWI and carries a penalty of up to 90 days in jail and a $1000 fine. MSA 169.27 A second offense within 10 years will be charged as 3rd degree DWI and carries a penalty of up to 1 year in jail and a $3000 fine. MSA 169A.26
Aggravating factors for DWI include having a child under 16 in the car, having an alcohol content over .20, having a prior alcohol related offense w/in 10 years, having a prior alcohol related revocation, and having a prior Test Refusal conviction. MSA 169A.095