Drunk and drugged driving laws in Minnesota

By the end of this topic you can

• You can state Minnesota's alcohol concentration limits for adult, commercial and under-21 drivers.
• You can explain implied consent and what refusing a test means.
• You can describe the license penalties for a first DWI and for underage drinking and driving.
• You can list the cannabis and open container rules for vehicles.

What you need to know and understand

• An alcohol concentration of 0.08 or more is a DWI; 0.04 for commercial vehicle drivers.
• You can be arrested at 0.04 if the officer can show alcohol caused driving errors.
• Under 21, driving with any detectable alcohol brings a 30-day suspension, or 180 days for a second conviction.
• Refusing a blood, breath or urine test when lawfully required is a crime and leads to revocation of one to six years.
• A first DWI brings at least a 90-day revocation, or 30 days with a guilty plea.
• Penalties are tougher at 0.16 or above, with a child under 16 in the vehicle, or for drivers under 21.
• The reinstatement fee after an alcohol-related revocation is $680.

How alcohol and drugs change your driving

Alcohol slows reaction time, narrows your vision, upsets balance and makes you misjudge your own impairment. Your driving is affected after one drink. A 12-ounce beer, a 5-ounce glass of wine and a typical mixed drink contain about the same alcohol. Only time lowers your alcohol concentration, at roughly one drink per hour; coffee, exercise and cold showers do not help.

Drugs, including prescription and over-the-counter medicines, can impair you too, especially when mixed with alcohol. Read labels and follow your doctor's advice.

Implied consent and DWI penalties

By driving in Minnesota you agree to be tested if an officer has probable cause to believe you are impaired. An officer may first ask for a roadside screening breath test. After an arrest, a blood, breath or urine test is used as evidence. At 0.08 or above, or after a refusal, you may get a seven-day temporary license before revocation begins.

• First offense: at least 90 days revoked (30 with a guilty plea), up to 90 days in jail and a $1,000 fine.
• Second offense within 10 years: at least one year revoked, up to one year in jail and a $3,000 fine, plates impounded.
• Third offense within 10 years: at least three years without a license, license canceled, ignition interlock required.
• A fourth offense in 10 years can be a felony.
• An ignition interlock device blocks the engine at 0.02 or above.

Cannabis, open containers and teens

It is illegal to drive under the influence of cannabis or hemp-derived THC products, and illegal to use them in a vehicle on a public road. Opened packages must ride in the trunk, or where there is no trunk, an area passengers do not use, never the glove box. Open alcohol containers are not allowed in the passenger area, for drivers or passengers.

Teens face extra risk: an alcohol offense during the permit or provisional stage blocks or delays your next license, and under Vanessa's Law can keep you unlicensed until 18.

Common mistakes

• Believing you are fine after one drink. Impairment starts with the first drink.
• Trying to sober up with coffee. Only time works.
• Keeping an opened cannabis package in the glove box. It must go in the trunk.
• Thinking a prescription drug is always safe to drive on. Check the label and ask your doctor.

Test yourself: Drunk and drugged driving laws in Minnesota

Answer each question, then read the explanation. Questions come in a random order each time.

Go deeper

• Learning to Drive in Minnesota
• Minnesota Hands-Free Law for New Drivers
• Minnesota Permit Test