Minnesota Alcohol Laws at a Glance
Tied into Minnesota’s legal history, the legal limit for intoxication is an essential part of the state’s alcohol regulations. In 1961, the state passed a bill that increased the legal drinking age from 18 to 21, and to match it, the legal limit of intoxication for driving was set at .10 (blood alcohol concentration). In 1983, this limit was lowered to the current .08. If a motorist is found with this amount of alcohol in their system or more, they are considered under the influence of alcohol and are breaking the law if they are operating a vehicle. A charge for driving under the influence, or DWI , for .08 BAC in Minnesota can get you fined up to $1,000 and entail jail time. If you are charged with a .08 BAC and you have previous charges of the like, your penalties may increase. This is all because the state follows a zero-tolerance policy. The penalties for underage drinking and driving are stricter as well, resulting in jail time and additional fines. Penalties for drinking and driving are harsh because the state hopes to discourage drinking and deter people from taking part in the activity altogether. Unfortunately, many people break the law, refusing to drink responsibly and obey the limits set on alcohol consumption.
The Legal Blood Alcohol Limit in Minnesota
Minnesota’s legal limit of alcohol consumption is defined by a measurement called Blood Alcohol Concentration, or BAC. Police officers in Minnesota who suspect that a driver has been drinking often ask them to submit to a breath test that produces a reading of BAC. You have the right to refuse this test, but as explained above, if you do so, you will face an automatic suspension of your driver’s license from the State of Minnesota. This suspension will remain in place until your case is resolved, providing the police officer declares that he/she observed the following signs:
It is important to note that this roadside test is not sufficient to warrant an arrest or order an intoxicated person to submit to an alcohol test.
The National Highway Traffic Safety Administration (NHTSA) describes BAC in a factual, but easy to understand way. According to the NHTSA, "Alcohol is a depressant that slows the central nervous system down (…) The more alcohol consumed, the higher the BAC. The relationship between the amount of alcohol a person drinks and their BAC is the same for both slow and fast drinkers."
Minnesota has set specific legal limits for drivers at or above which law enforcement can charge someone with a DWI charge. Of course, not all people are equal, and different people may be affected differently by alcohol, which is why these measurements are only estimations based on averages, not personal scientist calculations. Note that you may still be arrested for DWI even if your BAC is below these legal limits.
• 0.08 – The legal maximum for regular, non-commercial drivers that Minnesota law enforcement will use to try to convict a driver of DWI in criminal court. When someone refers to the "legal limit" for DWI, this is what they are talking about.
• 0.04 – The maximum BAC for commercial (bus, taxi, truck, etc.) drivers.
• 0.02 – The maximum BAC for underage drivers, defined as any person under 21 years of age in Minnesota, regardless of license type.
Penalties for Going Over the Legal Limit
Driving over the legal alcohol limit in Minnesota can lead to a variety of legal consequences. At the very least, drivers who exceed the legal limit for blood alcohol content (BAC) can expect a citation, fines and other civil penalties. However, for drivers facing criminal charges, the penalties can be severe. Minnesota state law outlines specific legal limits for operating a vehicle while under the influence of alcohol. For individuals at least age 21, the legal limit is .08 BAC. For commercial drivers, the legal limit is .04 BAC. Additionally, for drivers under age 21, Minnesota has a zero-tolerance policy, and anybody caught with a BAC over .02 is subject to penalties, including a driver’s license suspension. A driver who fails a breath, urine or blood test at or over .08 will be charged with a misdemeanor. In the case of a second DUI charge, the penalties increase considerably. In addition to an increased fine and possible incarceration time, the state may revoke the driver’s license for a longer period of time. A person facing multiple DUI charges may also face felony charges and extended jail time. The legal penalties associated with DUI vary depending on the number of charges involved. First-time offenders generally face misdemeanors, which can include fines up to $1,000 and up to 90 days in jail. Second-time offenders, those receiving a second citation in 10 years, face gross misdemeanor charges, which include fines up to $3,000 and up to a year in jail. Repeat offenders face increased penalties that vary depending on how many times they have been charged. Fourth-degree DUI, which is a misdemeanor charge, carries a penalty of $1,000. A second-degree felony for drivers with three or more charges carries a penalty of $8,000 and jail time of up to a year. Third-degree DUI, which is a gross misdemeanor, carries a penalty of $3,000 and jail time of up to a year. Last, fourth-degree DUI is a felony that comes with a $14,000 fine and up to seven years in jail. One thing to keep in mind about Minnesota DUIs is that even if you’ve escaped a conviction on the criminal side, there are still civil penalties to contend with. These penalties can include fines and license revocations, among others. A skilled criminal defense attorney can help you navigate all of the ramifications of driving over the legal alcohol limit in Minnesota.
How Alcohol Impairs Driving
Alcohol has an immediate impact on driving abilities within just minutes of consumption. Its physiological and psychological effects include a decline in reaction time and an alteration of one’s mental state that can affect judgment, mood, attention and coordination. Alcohol acts to degrade reaction time by disrupting the function of the central nervous system (CNS), which is composed of the brain and the spinal cord. While an immediate impact on driving abilities begins within three or four minutes of consuming a single drink, serious impairments can occur in as little as 30 minutes after drinking. Reaction time continues to deteriorate up to 1 ½ – 2 hours after the last drink. This means that a driver may be impaired long after the alcohol is out of his or her system.
Although there are multiple tests designed to measure physical impairment levels, there are no tests which measure psychological impairment levels. Indeed, the measurement of psychological impairment is an impossible task. This explains why any legislated limit for driving under the influence of alcohol is measured by BAC only, such that there is no allowance for physical impairment without first exceeding the statutory limit for BAC.
Although scientists have been studying alcohol’s effects on brain function for over a century, its effects on cognition are poorly understood and the relationship between cognitive impairment and increased risk in real-life situations is not well-known. In fact, the extent to which psychobiological effects of alcohol explains cognitive impairment such as disinhibition or dissociation has yet to be determined. Thus, the degree to which cognitive impairment explains observable, real-world behaviors resulting from alcohol consumption remains an open question.
Mildly induced cognitive impairment can substantially affect the operator’s ability to perform driving tasks. Increased risks are associated with mildly intoxicated drivers even if initial driving abilities appear to be intact. Speed control, lane excursion, and other driving skills suffer after just a small amount of alcohol. When warned to drive cautiously and to rest, mildly intoxicated drivers may respond with disorientation and erratic, non-rational behavior.
A group of scientists reached a consensus after examining over 200 published studies that the widely-expressed assumption of a specific link between BAC levels and the extent of risk to be expected from intoxicated driving is simplistic and finally unfounded. In fact, in their study, "Driving Under the Influence of Licit and Illicit (Rec) Drugs," researchers concluded that: "Our analysis shows that the risk of traffic crash is increased by alcohol consumption and after consumption of illicit drugs, a risk that increases with the level of exposure or the amount of a substance used."
Fundamentally, alcohol is a depressant drug that depresses the part of the brain that directs physical movement. Impaired drivers subjected to breath tests often appear alert and seem to perform well on roadside sobriety tests when their psychological functions are tested. Penalties for blood alcohol content levels above .08%, a .10% BAC and driving under the influence of marijuana should be reconsidered based on the physiological and psychological effects as they relate to BAC levels that indicate a highly probable risk of a crash.
How to Avoid Going over the Legal Limit
1.) Count Your Drinks
The most obvious way to stay within the limit is to count your drinks. Keep a simple mental tally while you are drinking, so there are no surprises later. It takes one hour for the body to metabolize one standard drink. If you drink relatively quickly, your blood alcohol will rise very quickly. If you want to keep it under the legal limit, your best bet is to stop drinking at least an hour and a half prior to driving.
2.) Alternate Non-Alcoholic Drinks
For many people, drinking one drink per hour is not realistic. If you’d like to police yourself without getting too strict, switch off between an alcoholic and a non-alcoholic drink (like soda or water) in order to buy yourself extra time for the alcohol to leave your system.
3.) Speed and Timing
Try to drive slowly immediately after drinking. The body breaks down alcohol faster if you are at rest. So, a good tip when you’ve had more than one drink is to wait a few minutes before getting into your car. Your body needs some time to metabolize the alcohol. Driving slowly allows the alcohol to pass through your system without artificially adding alcohol to your blood system (i.e., by holding the steering wheel). Additionally , if you don’t have a set time you need to be somewhere, try to avoid busy times and routes. Again, driving slowly and allowing time helps your body get rid of the alcohol in your system.
4.) If You’re Not Sure of Your Inhibition, Call a Friend
If you’re not sure whether you are up for driving, call a friend to either pick you up or take you where you need to go. Calling is always going to be safer than taking a gamble on the legal limit. It also works out better financially, as alcohol-related tickets, attorneys’ fees, and other related expenses total up to several thousand dollars. These concerns all far exceed the price of a cab ride or a friend picking you up.
5.) Know Yourself
If you know that alcohol hits you quickly, you probably do not want to drink more than two drinks at your favorite bar. If you drink less often, you may find that it takes you a little longer to start feeling the effects and you can safely have three or four drinks and remain sober (depending on your body type and size). Just remember, alcohol has a way of distorting your judgment.
If you have been charged with an alcohol-related offense, contact an attorney right away to help you review your options.
Resources for Alcohol-Related Charges
There are a number of legal resources in Minnesota for those who have been charged with an offense related to violating the legal alcohol limit in Minnesota. Many of these resources take the form of support services to help clients with more general information and support, and some are legal resources with lawyers who specialize in alcohol-related criminal charges.
Support Services
MN Alcoholics Anonymous. This organization is dedicated to providing support for alcoholics through a 12-step program. The mission is to help people stay off of alcohol through the power of peer-support. There are dozens of local chapters to AA throughout Minnesota.
MN Al-Anon & Alateen. This is a support group aimed at help families and friends of alcoholics. The Al-Anon portion of the group is for adults, while Alateen is for teens who have friends or family who are struggling with alcoholism.
MN Model. The Minnesota Model is a treatment plan for alcoholism that features an initial stay at a medical facility with assessment, detox and basic support. The patient is then moved to a more comfortable, home-like setting where emphasis is placed on therapy and other forms of support.
Legal Resources
Legal Aid Society of Minneapolis. The Legal Aid Society provides low-cost legal services to people based solely on financial need. This includes help with criminal cases.
Legal Assistance of Washington County. This organization is designated to give legal assistance to citizens of Washington County who demonstrate a need for legal services.
MN Department of Public Safety. The Department of Public Safety provides information related to traffic incidents and DUI.
Common Questions about Alcohol in Minnesota
How many drinks does it take to reach the legal limit in Minnesota?
It’s impossible to provide a definite answer. The National Highway Traffic Safety Administration has a table of average blood-alcohol content (BAC) levels, specified by gender, body weight and number of drinks. It’s important to know that most people metabolize alcohol at a rate of about 0.015 percent per hour. This means that if you drink moderately, as often defined as three to four drinks for men and two to three drinks for women, in a two- to three-hour period, your BAC may be .08 or higher, subject to several factors.
What if you are underweight?
Alcohol will affect someone who weighs 120 pounds much differently than someone who is 220 pounds, even though they each may have drunk the same amount of alcohol. All of the following factors can affect someone’s BAC: weight (both current and average), sex, age, tolerance, smoking status, food consumption, number of drinks consumed over a time period, type of drinks , medications and overall health.
Is the legal blood test for alcohol BAC accurate?
Not necessarily. The process for administering a standard breath test must be conducted by a trained and certified breath-test operator who follows precise instructions. He or she must set the test machine properly, make sure the machine is calibrated, confirm the machine is working properly and administer the test in a safe, private and comfortable environment. If any of these steps are not followed, it is possible that the results will be distorted or an improper result will be given. There are a variety of reasons why this could occur.
Is BAC .08 the same as DWI?
No, not exactly. The Minnesota Department of Public Safety considers .08 percent blood alcohol content to be the legal limit for driving while intoxicated. But a person can be charged with DWI and still have a BAC below .08. We recommend you consult with a Minnesota DWI defense attorney to know how this may relate to your case.