What You Should Know About Labor Day DUIs in MN
Andrew, Bransky, & Poole, P.A.
Labor Day weekend is about saying goodbye to summer for another year, but it can have one lasting impact you may not have planned for – a DUI.
Driving under the influence is a very serious crime in Minnesota that can complicate your life in a number of ways, even if it’s a first offense. If you were picked up for a DUI over Labor Day weekend, try not to panic.
Instead, understand the things you need to know in order to get the best outcome for your case. Here are some important Minnesota DUI facts you need to know.
What Is a DUI in Minnesota?
DUI is short for the term “driving under the influence.” It often involves the use of alcohol but can include drugs as well. It simply denotes that you were impaired and should not have been operating a vehicle at the time you were.
In Minnesota, you may also hear the term DWI. That stands for “driving while intoxicated” and is defined by the law as the operation of a vehicle while you had a blood alcohol limit above the legal limit of 0.08 percent.
The term impaired driving is also used in Minnesota that can mean you were impaired while driving or above the legal alcohol limit.
DUI Offenses and Their Penalties
In Minnesota, the number of times you have been convicted of a DUI or DWI has a huge impact on your case. That’s because the court may treat you a little more leniently if it’s your first DWI charge in comparison to someone facing their third or more charge.
DUI First Offense
In most cases of a first DUI offense, if the blood alcohol content was less than 0.16 percent, you can face as many as three months in jail and a fine of as much as $1,000. If you had a blood alcohol content of more than 0.16 percent, then you may be subject to increased penalties, up to 12 months in jail and fines of as much as $3,000.
If you refuse to test at the scene when you are suspected of a DUI, you can face the same increased penalties as having a blood alcohol level of 0.16 percent or higher.
In all cases, you may also be required to have a remote electronic alcohol monitoring device installed. You could also be subject to electric home monitoring.
DUI Second Offense
If it’s your second DUI offense, and your blood alcohol level was below 0.16 percent, then you also face three months in jail and fines of as much as $1,000. However, a blood alcohol level of 0.16 percent or higher risks sending you to jail for up to 12 months. Plus, it could make you responsible for fines of as much as $3,000.
DUI Third Offense
If you are arrested for a third DUI offense with any blood alcohol or refuse to take a test, then you can spend up to 12 months in jail and be responsible for fines of as much as $3,000.
Felony DUI
A fourth DUI or more in a 10-year time period is considered a felony DUI. Previous felony DUIs in any number will also mean subsequent felony DUIs. You can spend up to seven years behind bars for this offense and be made to pay fines up to $14,000.
DUIs and DWIs are taken very seriously in Minnesota. If you’ve run into trouble over the holiday weekend, make sure you understand the charges against you and your rights under the law.
About the Author:
Andrew T. Poole is a Minnesota native who has served in the Army for more than 18 years and is currently a JAG lawyer in the Army Reserves in addition to serving as a partner at LaCourse, Poole & Envall. He has handled thousands of criminal and family law cases over the course of his career and has a firm belief that all hardworking Minnesotans should be entitled to the best possible legal counsel. Mr. Poole boasts a 10/10 Superb rating on Avvo, is Lead Counsel rated, and has been recognized multiple times by SuperLawyers, National Trial Lawyers, and others for his work.