Minneapolis DWI Lawyers

The Difference Between DUI and DWI in Minnesota

Under Minnesota law, the terms "DUI" and "DWI" have slightly different definitions.

DUI refers to driving under the influence and can apply to drivers who are impaired by either alcohol or drugs, or both.

DWI, or driving while intoxicated, applies in cases where a driver’s blood alcohol concentration is above the legal limit of .08%.

Penalties for a First-Time DWI Offense in Minnesota

In Minnesota, it is illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of .08% or greater. If your BAC is between .08% and .16%, you will be charged with a misdemeanor.

The penalties for a first-time DWI offense may include:

• Maximum 90-day jail sentence
• Up to $1,000 in fines
• 90 days of no driving privileges
• Ignition interlock device (IID)

If your alcohol concentration level exceeds 0.16%, you could be charged with a gross misdemeanor. Penalties may include up to one year in jail, $3,000 in fines, and one year of no driving privileges.

New Law in Minnesota Has Lowered the Alcohol Limit

As of August 1, 2015, a law was passed to lower the blood alcohol threshold for enhanced charges.

In Minnesota, drivers with elevated BAC levels of .16% or higher will be charged with gross misdemeanors.

This aggravating factor poses more severe penalties, including a one-year loss of your driver’s license and up to one year in jail. Prior to this law, the aggravating limit was .20.

Can I Fight My DWI Charges on My Own?

Entrusting your case to a lawyer can ensure that someone who is familiar with the law, the tactics used by prosecutors, and the most effective methods for defending clients’ rights is working to secure the most favorable outcome possible.

At Caplan & Tamburino Law Firm, P.A., our DWI lawyers in Minneapolis have decades of experience representing clients charged with all types of drunk driving offenses.

We have the resources that could make a difference in your case.

With so much on the line, why would you risk handling these matters on your own?

A Conviction Affects Your Ability to Operate ALL Motor Vehicles

In August 2018, the law in Minnesota was changed to prohibit someone convicted of DWI from operating any motor vehicle at all.

Someone who is convicted of DWI after being pulled over in their personal vehicle will not be allowed to operate a snowmobile, motorboat, or ATV for as long as their license is suspended.

The same is true for the inverse; you will be banned from driving your car because you were found to be operating a snowmobile, motorboat, or ATV while intoxicated.

Furthermore, the legal change allows chemical testing, conditional releases, and plate impoundment to be used against first-time DWI suspects who were using an off-road recreational vehicle.

In the past, such stipulations could only be imposed against someone using a highway-approved vehicle with licensing.