If police arrested you for driving while intoxicated (DWI) in Minnesota, your blood alcohol concentration (BAC) level can play a significant role in the charges and penalties you could face. Higher BAC levels can lead to lengthier jail sentences, increased fines, and additional legal penalties, and understanding how the system works is the first step in fighting the charges.
Minnesota’s BAC Limit for Commercial Drivers
If you were driving a commercial vehicle at the time of your arrest, you could face DWI charges for having a BAC of as little as 0.04 percent. Minnesota is one of many states with strict DWI laws for commercial drivers, and a conviction under these laws could result in the suspension of your commercial driver’s license in addition to other DWI penalties.
Minnesota’s Standard BAC Limit
For most other Minnesota drivers who are 21 and older, the BAC limit is 0.08 percent. While police can arrest you for DWI if your BAC is lower, prosecutors must be able to show that you were visibly intoxicated and unable to operate your vehicle safely. Even if your breathalyzer or chemical test returned a BAC of 0.08 percent or higher, our attorneys may be able to have the results thrown out if:
- The police didn’t perform a test until more than two hours after your arrest
- There are questions about the chain of custody of the evidence
- There are questions about the breathalyzer’s calibration
High BAC as an Aggravating Factor
If your test results show a BAC of 0.16 percent or higher, that is an aggravating factor that could increase the charges and penalties you will face. If your BAC level is the only aggravating factor present, your DWI charges will increase from fourth-degree to third-degree. And if there is another aggravating factor present alongside your BAC level, your DWI charges will increase from third-degree to second-degree.
How an Increased BAC Can Affect Your DWI Penalties
While fourth-degree DWI is a misdemeanor offense, third- and second-degree DWIs are gross misdemeanor offenses with mandatory penalties (if one of the aggravating factors is having at least one prior offense within 10 years). For a misdemeanor, you may have to spend up to 90 days in jail and pay a fine of up to $1,000. However, gross misdemeanors have significantly harsher penalties, including up to a minimum of one year in jail and a fine of up to $3,000.
Contact Our Minnesota DWI Defense Lawyers
If prosecutors charged you with a DWI offense in Minnesota, you need a skilled criminal defense lawyer who can help you beat or reduce the charges and penalties you’re facing. Contact Coodin Law Office, LLC to schedule a consultation with a member of our team and to learn more about the legal strategies we use to defend those facing DWI charges.