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Minnesota DUI Information

Massachusetts DUI Law Highlights: BAC Levels and Implied Consent
"Per Se" BAC Level: .08
"Zero Tolerance" BAC Level: 0.0
Enhanced Penalty BAC Level: .20
"Implied Consent" Law : yes

"Per Se" Blood Alcohol Concentration (BAC) Level
As of August 2005, all states have DUI laws that deem "per se intoxicated" any driver with a blood-alcohol concentration (BAC) at or above .08 percent. This means that drivers with a BAC at or above .08 are intoxicated in the eyes of the law, and no additional proof of driving impairment is necessary.
"Zero Tolerance" Blood Alcohol Concentration (BAC) Level
All states carry "zero tolerance" laws that target drivers under the legal drinking age. These laws penalize persons under 21 for operating a vehicle with any trace of alcohol in their systems (a BAC above 0.0), or with negligible BAC levels such as .01 or .02 percent.

"Enhanced Penalty" Blood Alcohol Concentration (BAC) Level
Many states impose harsher penalties on DUI offenders with a particularly high BAC at the time of the offense, typically .15 to .20 percent. DUI offenders with a BAC at or above their state's enhanced penalty standards will likely face additional jail time, harsher fines, and more severe driver's license sanctions.

"Implied Consent" Laws
"Implied consent" laws require vehicle drivers to submit to some form of chemical test, such as breath, blood, or urine testing, if suspected of DUI. If a driver refuses to submit to such testing, implied consent laws carry penalties such as mandatory suspension of a driver's license, usually for six months to a year.

Massachusetts DUI Law Highlights: Selected Penalties
Administrative License Suspension/Revocation (1st/2nd/3rd Offense) 90d/ 180d/ 1y
Mandatory Alcohol Education and Treatment/Assessment : - 3rd offense
Vehicle Confiscation Possible?: 3rd offense
Ignition Interlock Device Possible?: Yes


Administrative License Suspension/Revocation
The Administrative License Suspension/Revocation penalties indicated here refer to minimum mandatory penalties imposed on drivers whose BAC is above the state limit for intoxication, or drivers who refuse to submit to BAC testing. Administrative suspension or revocation of a driver's license is usually carried out by a state agency (such as a Department of Motor Vehicles), distinct from any criminal court penalties. Most states impose harsher penalties for second or third DUI offenses, typically defined as those that occur within five years of a prior DUI offense.
Note: the penalties identified here do not include variations for DUI offenders operating commercial vehicles, or drivers who have violated "zero tolerance" and "enhanced penalty" DUI laws (see Table 1). Most states recognize different sanctions for these types of DUI offenses.

Mandatory Alcohol Education and Assessment/Treatment
Alcohol education and treatment/assessment penalties for DUI offenders can include mandatory attendance at DUI prevention programs, and assessment of potential alcohol dependency problems. Such programs are often made "conditions" of a suspended sentence or probation, meaning that a DUI offender can avoid jail time and payment of hefty fines if he or she completes participation in the program. This chart indicates each state's utilization of alcohol education and treatment/assessment programs.

Vehicle Confiscation
Vehicle confiscation penalties allow a motor vehicle department or law enforcement agency to seize a DUI offender's vehicle, either permanently or for a set period of time. Such penalties typically apply only to repeat DUI offenders, and often the return of the vehicle requires payment of fines and significant administrative costs. This chart indicates each state's utilization of vehicle confiscation as a penalty for DUI.

Ignition Interlock
A vehicle ignition interlock breath-testing device measures a vehicle operator's BAC, and will prevent operation of the vehicle if more than a minimal amount of alcohol is detected (i.e. BAC level of .02). DUI offenders will usually be required to pay the costs of installation, rental, and maintenance of an ignition interlock device. This chart indicates each state's utilization of ignition interlock devices as a penalty for DUI.

Minnesota DWI punishment in criminal court is punishable for up to 90 days in jail, plus fines, mandatory DWI alcohol education courses, DWI driver’s license consequences, and more. If a first-offense DWI is considered a gross misdemeanor due to aggravating factors, the punishment and penalties for drunk driving can include up to one year in jail and a fine of $3,000.00.
Minnesota DWI punishment for a second-offense drunk driving conviction is significantly harsher. A second offense DWI conviction within ten years of a prior offense is a gross misdemeanor, and carries DWI punishment and penalties of up to one year in jail, plus a fine of up to $3,000.00.
Minnesota DWI punishment goes up significantly for a third-offense DUI arrest within 10 years. Your car will be immediately impounded. There is significantly increased exposure for jail time on a third-time DWI. It is imperative that an alcohol abuse evaluation be obtained. If you are not an alcoholic, you will have to prove it at this point.
Minnesota DWI laws make a fourth-offense within 10 years a felony. Minnesota DWI law for a felony drunk driving conviction will include three years in prison and a fine of not less than $14,000.00.
Minnesota DWI / DUI laws include various "degrees" which relate to the seriousness of the charge. The DWI punishment and penalties that are imposed will vary, depending upon the degree of the Minnesota drunk driving conviction, and the presence of any aggravating factors in the Minnesota DWI case. These degrees and specific punishments and penalties are as follows:

First DWI or Implied Consent license revocation in past ten years: Misdemeanor Fourth Degree DWI;
Second DWI offense or Implied Consent license revocation in past ten years: Gross Misdemeanor Third Degree DWI;
Third DWI offense or Implied Consent license revocation in past ten years: Gross Misdemeanor Second Degree DWI;
Fourth or more DWI or Implied Consent license revocation in past ten years: Felony First Degree DWI;

First Degree DWI - §169A.24
A first-degree DWI is charged if there are three or more aggravating factors. Aggravating factors may include:
A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions);
Blood Alcohol Content is more than two times the legal limit (.20);
Child Endangerment exists (child in the vehicle at the time of offense);

A first-degree DWI offense is a felony punishable by up to five years in jail and a $10,000 fine. The state will also impound the license plates of the driver and may also seek a forfeiture of the driver's vehicle. That means the State would retain the vehicle without compensation to the owner. Moreover, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if:
The new DWI violation occurs within 10 years of 3 or more prior impaired driving convictions; or
The new DWI violation is the 2nd offense and the defendant is under 19 years of age;
The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct;
The New DWI occurs and the driver's license has been cancelled as inimical to public safety

Second Degree DWI - §169A.25
A second degree DWI is charged if there are two aggravating factor. Aggravating factors may include:
A prior impaired driving incident within a 10 year period (this includes DWI license revocations or DWI convictions);
Blood Alcohol Content is more than two times the legal limit (.20);
Child Endangerment exists (child in the vehicle at the time of offense);

A second-degree DWI offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. . The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if:
The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
The new DWI violation is the 2nd offense and the defendant is under 19 years of age;
The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct;
The New DWI occurs and the driver's license has been cancelled as inimical to public safety.

Third Degree DWI - §169A.26
A third degree DWI is charged if there is one aggravating factor or if the driver refused to take the breath, blood or urine test and it is a first offense
A third degree DWI offense is a gross misdemeanor punishable by up to a year in jail and a $3,000 fine. The state may also impound the license plates of the driver and seek to forfeit the vehicle that was being driven. Again, the statute requires law enforcement to hold the DWI suspect in jail until the first court appearance if:
The new DWI violation occurs within 10 years of 2 or more prior impaired driving convictions; or
The new DWI violation is the 2nd offense and the defendant is under 19 years of age;
The new violation occurs with a Blood Alcohol concentration of .20 or more at the time or within 2 hours of the driving conduct;
The New DWI occurs and the driver's license has been cancelled as inimical to public safety.

Fourth Degree DWI - §169A.27
A fourth degree DWI is charged if there are no aggravating factors. That means no prior DWI or DWI related license revocations. Additionally the driver cannot have a blood alcohol concentration in excess of twice the legal limit (.20) or have refused to take a test to determine that blood alcohol content.
A fourth degree DWI offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.
Mandatory Sentences DWI - §169A.275
The new DWI statute also includes mandatory sentences for repeat offenders.

2nd DWI - 30 days executed jail sentence with a minimum of 48 hour consecutive
3rd DWI - 90 days executed jail sentence with a minimum of 30 days consecutive
4th DWI - 180 days executed jail sentence with a minimum of 30 days consecutive
5th DWI - 365 days executed jail sentence with a minimum of 60 days consecutive
* If you are on probation for a related DWI offense, sentencing is consecutive rather than concurrent.

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