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Minneapolis DUI Attorney

Drinking and Using Recreational Vehicles in Minnesota

A violator driving a recreational vehicle, such as a snowmobile or ATV, who has no qualified prior impaired driving incidents is subject only to the criminal penalty (a misdemeanor) and the loss of operating privileges for that type of vehicle. The person is not subject to driver’s license revocation, mandatory chemical dependency assessment and treatment, mandatory conditions of release, long-term monitoring, the penalty assessment fee, or license plate impoundment.

Any person arrested for a DWI violation involving an off-road recreational vehicle or motorboat and who has a qualified prior impaired driving incident on record is subject to the same administrative sanctions and criminal penalties as the person would be if arrested while driving a regular motor vehicle.

DUI Commercial Vehicle Standards

Minnesota law sets a lower alcohol concentration limit for driving commercial motor vehicles, 0.04 instead of 0.08. Minnesota’s implied consent law allows for a chemical test upon probable cause that the commercial vehicle driver has consumed any amount of alcohol whatsoever, also a stricter standard.

A person who violates the 0.04 standard while driving a commercial motor vehicle is subject to a period of disqualification (one year for the first violation, and ten years for any subsequent violation) from commercial motor vehicle driving.

The driver remains validly licensed to drive regular motor vehicles unless he or she also has violated regular DUI law by exceeding the 0.08 standard or by driving while impaired or with any amount of certain controlled substances in the body, in which case the person would be subject to the full range of applicable penalties and sanctions of regular DUI law.

In addition, a commercial motor vehicle driver who incurs a license revocation or cancellation for an impaired driving violation in a personal passenger vehicle receives no special dispensations from the sanctions and penalties that apply to other drivers—the person is prohibited from driving any type of vehicle until becoming validly re-licensed to drive.

School Bus Drivers

Minnesota law provides an even stricter standard of zero tolerance for school bus driving, by making it unlawful to drive a school bus when there is physical evidence in the person’s body of the consumption of any amount of alcohol.

In addition to criminal penalties, such a violation also triggers cancellation of the person’s school bus driving endorsement and, upon conviction, disqualification of the person’s commercial driving privileges. However, as with other non-bus commercial vehicle DWI violations, the driver remains validly licensed to drive regular motor vehicles unless he or she also has violated the higher standards of regular DWI law.

Airplanes and Alcohol Use

A special DWI law establishes a 0.04 standard for alcohol concentration while flying and also criminalizes test refusal. Violation is always a gross misdemeanor. It also is unlawful to fly within eight hours of any alcohol consumption—a zero-tolerance standard, but time limited. Violation is a misdemeanor.

Contact an Experienced Minneapolis DUI Attorney

If you have further questions about your rights, please call our attorneys at 612-789-2100. We are ready to provide answers and put together a plan of action to defend you. We offer free initial consultations and look forward to hearing from you.