Elements of the Crime of DWI What Constitutes a DWI Crime in Minnesota?
Minnesota's DWI law makes it a crime:
- to drive, operate, or be in physical control of any motor vehicle anywhere in the state while:
- under the influence of alcohol, a controlled substance, or (knowingly) a hazardous substance, or any combination of these;
- having an alcohol concentration (AC) of .08 (.08 is defined as .08 percent alcohol concentration or 8/10,000ths by volume) or more at the time, or within two hours of driving, operating, or in physical control;
- having any amount of a schedule I or schedule II 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 at the time, or within two hours of driving, operating, or in physical control or a motor vehicle; or
- to refuse to submit to a chemical test of the persons, blood, breath or urine under the implied consent law (Minnesota Statutes, section 169A.52). It is only a crime to refuse a blood or urine test if the arresting officer first obtained a warrant to collect your blood or urine sample and you still refuse the test.
Arrested for DWI/Drunk Driving in Minnesota? Please consult my Minnesota
DWI Penalties page
And call me for a free DWI/DUI legal consultation at 612-334-3342.
- Hire An Experienced DWI / DUI Attorney
- What to know about public defenders
- Protect Your Rights Against A DUI / DWI
- Mistakes people make after being arrested
- 53 DWI Laws & Case Tips
- Criminal/Administrative Penalties for DWI
- Minnesota Ignition Interlock Program
- Tips for Hiring a DWI/DUI Lawyer
- 14 Most Common Police Mistakes
- What Can You Do to Save Your License?
- What Happens After A DWI Arrest?
- Top 10 Mistakes Lawyers Make
- Minnesota's "Implied Consent" law
- Online Drink Wheel BrAC Calculator
- Elements of the Crime