Home of the 10,000 lakes, Minnesota is also the place where you’ll find harsh DUI laws. Similar to many of the states, a DUI in Minnesota actually triggers two separate cases. The first one is the criminal court case and the second is the Minnesota Department of Public Safety case, where your Minnesota driver’s license privileges are affected.
You only have a limited amount of time after your arrest date to request a hearing with the MDP, otherwise you will automatically lose your driver’s license! Minnesota DUI/DWI laws are different in one respect: when someone is arrested for violating Minnesota DWI law, they have the right to speak to a DWI / DUI defense attorney before taking a chemical test to determine alcohol content. If you do not have an attorney, police must provide you with a phone book.
Penalties
For a first-time DUI in Minnesota, you can spend up to 90 day in jail, receive a $1,000 fine and have your license suspended for 90 days. You may also face community service, probation, vehicle impoundment, loss of job, restricted travel, alcohol education classes, ignition interlock system and insurance problems.
Minnesota BAC
Recently in 2005, Minnesota lowered the blood alcohol content for a DUI from 1.0 to .08%. Police will determine your BAC by giving you a chemical test. You can choose from blood, breathe or urine and your lawyer will advise you on the best option. It’s important to note that blood tests are the most accurate and toughest to fight (although they can be fought!).
Field Sobriety Tests
FSTs are used by police as a way to “back up” their claim that you were drinking and driving. They may give you the HGN (horizontal gaze nystagmus), the one leg stand or the walk and turn test. Each will test things such as balance, ability to follow instruction and any involuntary eye jerking that may be caused by alcohol consumption.
Ignition Interlock
This device prevents you from starting your car until you blow into the machine alcohol-free.
Zero Tolerance
If you are under 21, you are DUI with any amount of alcohol found in your BAC.
How to Find a DUI Lawyer
Minnesota may be full of 10,000 lakes and 10,000 lawyers, but what you need is a lawyer who specializes in DUI. Find out if your lawyer has ever lectured at DUI events or if he or she is “AV” rated (these are important credentials).