The driving while intoxicated laws in Minnesota are clear on when you can and cannot be behind the wheel of a car. As someone who needs to defend him or herself against a DWI charge, the best option for you may be to prove you weren’t driving while intoxicated or that you had a reasonable belief that you weren’t intoxicated. If you can prove the testing was performed in an illegal way or wasn’t collected correctly, you may also be able to have your charge reduced or eliminated.

What exactly is a DUI?

In Minnesota, it’s a crime to drive, operate or control any kind of motor vehicle when you’re under the influence of alcohol, hazardous substances or drugs. If your blood alcohol concentration is .08 at the time of the stop or within two hours of the stop, that can also result in a criminal charge. Unlike some other states, having any metabolites of any schedule I or II drugs in your body at the time of a stop is illegal. Marijuana is not included in this, but finding marijuana in your system can also be used to show you were intoxicated in other ways.

A second DUI conviction within 10 years has a minimum sentence of 30 days in jail.

Can you refuse to give a blood sample or Breathalyzer test?

It is legal to refuse to submit a chemical test, whether blood, breath or urine, in Minnesota. If you do, you can be charged with a crime and could face losing your license simply because your BAC levels could not be reviewed.

Source: Minnesota House of Representatives, “An Overview of Minnesota’s DWI Laws,” Jim Cleary, Rebecca Pirius, accessed March 11, 2016