If you’ve been arrested for a DUI in Minnesota you’ll have to understand many things. First, let’s talk about what constitutes a DUI in Minnesota. According to the state of Minnesota, a DUI happens when you are arrested for driving a motor vehicle with a Blood Alcohol Content (BAC) of 0.08%.  If you are driving a commercial vehicle you will be arrested for DUI if your BAC is above 0.04%.  Also, if you are under the age of 21 you can be arrested for less than 0.08% BAC.  If you refuse the Breathalyzer test then you may face criminal and Minnesota DPS administrative penalties.  

What are the charges?

There are several different types of DUI charges in the state of Minnesota

Fourth Degree

A fourth degree DUI happens when the driver has no other convictions and their BAC level was below .16%.  You’ll face a maximum of 90 days in jail and a $1,000 fine.

Third Degree

If you are charged with third-degree DUI that means you have a prior DUI conviction, or you blew above .16 on the BAC test.  You will face a maximum fine or $3,000 and up to one year of jail time and is termed a gross misdemeanor.

Second Degree

To be charged with a third degree DUI offense in the state of Minnesota you will have to have had a prior conviction and have blown above .16% BAC when you were pulled over for the current offense.  This type of DUI is also considered a gross misdemeanor and the jail time and fines are the same as a third-degree conviction.

Felony First Degree

If you’ve had three prior DUI convictions in the last 10 years then you will be charged with a first-degree felony DUI.  The fines for a felony DUI are up to $14,000 with up to seven years in jail.

Ways to beat a DUI case in the state of Minnesota

  1.    The police failed to state your Miranda rights
  2.    The police searched your car without proper consent
  3.    The arresting officer/officers provided false, misleading, or contradictory information
  4.    The officer has prior documented disciplinary problems
  5.    Video evidence that you were indeed speaking clearly and moving with clarity
  6.    The officer did not have a proper reason to pull you over in the first place

Another way to beat a DUI case is from improper testing methods like non-standardized field sobriety tests which officers often give and use for the cause to issue the BAC test.  Perhaps you were only given one BAC test which could have been highly inaccurate.  

Maybe the device used in your case was not certified by the state or it malfunctioned shortly before or after you were tested.  

In some cases, especially in Minnesota, bad weather may have constituted for the poor driving which you were pulled over for.  This may allow for dismissal as well.

If your case is not heard in a timely manner it must be dismissed according to Minnesota law.  Stay tuned to our blog for more helpful tips and tricks for your everyday life.  

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