In Minnesota you can be arrested if your blood alcohol content (BAC) is at .08% or higher. All alcohol and drug-related road mishaps are categorized under one violation known as driving while intoxicated or DWI. Being charged with a DWI is a very serious offense. There are four degrees of DWI, and the conviction of each degree is based on the number of aggravating factors present at the time of arrest. These including the following: previous DWI convictions, BAC of .20% or greater, refusal to undergo a BAC test, or DWI with a minor passenger.
DWI Arrests in Minnesota
When a police pulls you over for suspicion of DWI, you will be asked to take a BAC test. This test will determine the level of alcohol present in your body, which will then conclude your DWI conviction. You have the option of refusing the test under Minnesota law, but doing so will only aggravate your case, as mentioned earlier. Nonetheless, you are allowed to talk to a lawyer to help you decide the best course of action before taking or refusing the BAC test.
Upon your DWI arrest, you will consequently face two trials. The criminal court will determine your penalties as a result of your arrest, while the Minnesota Department of Public Safety will impose the appropriate license suspension time that you will have to serve. To protect your driving privileges, you must consult a lawyer to help you prepare and file your motion to appeal for a hearing with the DPS.
Basic Consequences for First Time Offenders
If this is your first DWI conviction in Minnesota, you can expect to face the following consequences:
The penalties can vary depending on the degree of DWI offense where higher degrees have tougher consequences.
License Suspensions for Minnesota DWI
Aside from the mentioned charges, a DWI conviction in Minnesota is also a ground for license suspension. The length of suspension is based not on the number of previous DWI convictions but rather on the aggravating factors. Typical lengths of suspension include:
In spite of your license suspension, you may still be able to apply for a limited license. This temporary license will give you the privilege to drive to and from work or school.
Insurance Consequences
If you desire to get back your license after serving the suspension, you will be required to provide a Proof of Insurance Certificate. However, getting this certificate can be difficult particular after a DWI conviction. You will have to deal with the hardship in one of two ways. Typically, the rates in your existing insurance will go up substantially, or your insurance provider will cancel your coverage. You will also find out that looking for a new company to cover you can be more challenging having a DWI on your record.