Minneapolis DUI Lawyers

In Minnesota, it is a crime to drive, operate, or be in control of any motor vehicle while:

  • Under the influence of alcohol or a controlled substance;
  • Having an alcohol concentration of .08 or more at the time, or within two hours, of doing so;
  • Having a controlled substance, other than marijuana, in the body; or
  • If the vehicle is a commercial motor vehicle, having an alcohol concentration of .04 or more.

Aggravating Factors

A Minnesota DUI may be enhanced based on the number of aggravating factors, including:

  • A qualified Minnesota DUI incident within the preceding ten years;
  • An alcohol concentration of .20 or more upon arrest; and
  • The presence of a child under age 16 in the vehicle, if more than three years younger than the alleged offender.

If one or more of the preceding aggravating factors are present, the offense severity is as follows:

  • One Aggravating Factor: 3rd Degree DUI: Gross Misdemeanor;
  • Two Aggravating Factors: 2nd Degree DUI: Gross Misdemeanor; and
  • Three Aggravating Factors: 1st Degree DUI: Felony.

Probable Cause

Chemical testing is administered at the direction of a law enforcement officer when there is probable cause to believe that the person has committed a Minnesota DUI violation, and the person:

  • Has been arrested for a Minnesota DUI violation;
  • Has been involved in a motor vehicle crash;
  • Has refused to take the Minnesota DUI screening test; or
  • Has taken the screening test and it shows concentration of .08 or more.

To build probable cause, the officer generally proceeds as follows:

  • Observes the impaired driving behavior and forms a reasonable suspicion of an impaired driving violation;
  • Stops and questions the driver;
  • Administers a standardized field sobriety test; and
  • Administers a preliminary breath test.

Arrest

If, based on these screening tests, the officer has probable cause to believe that a DUI crime has occurred, he or she may arrest the person and demand a more rigorous evidentiary test of the person’s breath, blood, or urine at the police station.

Implied Consent

Before administering a blood, breath or urine test, the officer must read the implied consent advisory statement to the person, explaining that testing is mandatory, test refusal is a crime, and the person has the right to consult an attorney before taking the test. If the evidentiary test is requested without the advisory being given, then the person may be criminally charged and prosecuted following test failure or refusal, but the various administrative sanctions cannot be applied. If the person is unconscious, consent is deemed not to have been withdrawn, and the chemical test may be administered.

Chemical Testing

The officer chooses whether the test will be of the person’s breath, blood, or urine. A person who refuses a blood or urine test must be offered another type of test (breath, blood, or urine). Blood and urine tests are analyzed by the Bureau of Criminal Apprehension (BCA), with results available within about ten days. The BCA may certify chemical test results directly to the Department of Public Safety (DPS).

Minneapolis DUI Lawyers Who Are Here to Help

You don't have to face a DUI alone. Our lawyers offer free consultations and a down-to-earth attitude. Please call 612-789-2100 to speak with us about your rights. We'll answer all of your important questions and assess the merits of your case in terms you can understand.