
Driving While Impaired (DWI | DUI), whether under the influence of alcohol or a controlled substance (drug), is a criminal offense in all 50 states, including Minnesota. Several chemical tests are in use today to determine if a driver’s Alcohol Concentration (AC) is at or over the per se legal limit of 0.08% and/or if a driver is under the influence of a drug.
The vast majority of the time, a police officer who has reason to believe that a driver is under the influence will conduct one or more Field Sobriety Tests (FSTs).FSTs include: the Walk-and-Turn (WAT); the One-Legged Stand (OLS); the Horizontal Gaze Nystagmus (HGN); the Alphabet or Counting; and the Preliminary Breath Test (PBT).
If you do not pass each FST given with flying colors, you can expect to find yourself in the unenviable situation of being arrested for DWI, which can have lifelong consequences.
Alcohol Concentration (AC)
It is per se illegal to operate or be in physical control of a motor vehicle in Minnesota if you have an AC of 0.08% or more. As you probably know, the 0.08% refers to the percentage of alcohol measured in your body. The AC measurement is determined by a breath, urine or blood test.
Most police officers will first give a FST, and then after they form a belief that a DWI has taken place (based, in part, the failure of the FSTs), they will arrest the suspect and bring them to the station to gain further evidence of a DWI by requesting that the suspect submit to a chemical test using a breath, urine or blood test. Of course, all of this is generally left to the discretion (and, often, subjective belief) of the arresting police officer.
Penalty (Civil and Criminal)
In the past, DWI | DUI was viewed as a minor offense in Minnesota, and around the entire country. Years ago, it was not uncommon for a person to receive a myriad of citations or arrests for DWI before they had to face any real criminal or civil penalties. Today, things have changed a great deal and the penalties (even for a first-time DWI) are quite severe.
Jail/prison time; hefty fines; license revocation; plate impoundment; and vehicle forfeiture are just some of the criminal and civil penalties that can result from a DWI | DUI.
My Conclusion
If you find yourself facing a DWI | DUI, you will need to hire a competent, experienced and zealous MN DWI lawyer to fight for you and protect your rights. I am here to help.
Call Me, Matthew L. Thornton, Esq.: (651) 699-2007