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Minnesota laws for DUI are among the toughest in the country, made even tougher by the recent lowering of the legal limit from .10 to .08.
Similar to drunk-driving laws that exist in other states, a Minnesota DUI arrest involves two separate cases: one is a criminal court case wherein the appropriate drunk driving punishment is meted and the second is a case sought by the Minnesota Department of Public safety, which affects the drunk driver's Minnesota driving privileges.
Under Minnesota DUI law, the driver arrested for violating the law has the right to speak to or consult a DUI defense attorney prior to taking the necessary test for determining level of alcohol. If the driver does not know of any DUI defense layer, the police will furnish the driver with a directory of DUI lawyers to choose from. However if the driver refuses to undergo the chemical test after being arrested for drunk driving, it constitutes a separate and different criminal offense.
Under Minnesota DUI law, the criminal court punishment for driving under the influence could involve a jail sentence of up to 90 days plus fines, mandatory alcohol education courses that includes the effects of DUI and mandatory education on the consequences of DUI on the driver's license.
Minnesota DUI law considers a first-offense conviction a gross misdemeanor caused by aggravating factors. The penalties and punishment for first-offense DUI could include a jail term of up to one year plus a fine of up to $3,000.
Second-offense conviction for DUI is harsher especially if it occurs within ten years of the previous DUI offense and could include a jail term of up to one year plus a fine of up to $3,000.
The punishment is significantly higher for third-offense DUI conviction within 10 years. The car is impounded immediately and a significantly higher jail term is sought. An alcohol abuse evaluation is necessarily obtained and the driver will have to prove that he is not an alcoholic.
Under Minnesota DUI laws, a fourth-offense DUI within ten years is considered a felony and includes a jail term of three years plus a fine of $14,000 or more.
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