A Brief Look at Minnesota’s New DWI Statute
The Minnesota legislature has updated the state’s driving while impaired laws, a change supporters say will strengthen public safety while critics describe it as an unfunded mandate on local law enforcement. Although law enforcement and prosecutors have been calling for stronger legislation for some time, the new law took effect in July with little fanfare and is already being put into practice.
For people charged with their second or third DWI, the penalties are now tougher. The law also requires the designation of a "DWI enforcement coordinator," a position some counties didn’t have before. According to local officials, the coordinators are intended to help streamline enforcement and prosecution, ensure that investigations and prosecutions are consistent, and ensure that drunk drivers are not passing through the system undetected.
Not only will the new statute make the consequences of repeat offenses harsher, it will take further steps to ensure that dangerous offenders do not get situated in the system undetected. Penalties for offenders committing their second DWI will include 30 days in jail, a minimum of one year without a license and a fine of $3,000 . Offenders who commit DWI three times now face at least 90 days in jail, a minimum of three years without a license and a fine of $6,000. Additionally, repeat offenders may be required to use an ignition interlock device for the remainder of their lifetime, allowing officers to test a driver’s blood alcohol level before allowing them to operate a motor vehicle.
Officials have also stated that enforcement coordinators will help law enforcement and prosecutors better track and prosecute repeat offenders. For instance, officials may be able to track down offenders who move around from county to county. Now, all of the counties are going to have coordinators who will be working together.
The coordinators will also be responsible for ensuring that all necessary paperwork is finished for each case, and that the records are shared between prosecutors and law enforcement. This means that, if one county arrests a drunk driver and another county finds the same individual has accumulated multiple offenses, they should be able to recover that information from the arresting officer. This way, the prosecution can be better informed when they are working these cases, and hopefully, they will not fall through the cracks like they may have in previous years.
Changes for First Time Offenders
For first-time offenders in Minnesota, the new laws make some significant changes. The most important of these is a longer license plate impoundment process. Under the new laws, you are charged with an administrative violation and have the opportunity to contest the vehicle plate impoundment first through a pre-hearing conference with the Commissioner of Public Safety. After that, you can request a hearing with the Office of Administrative Hearings. This new pathway puts more resolution steps in your hands, but it also lengthens that road for vehicle owners. Now, without a valid license plate, it is illegal to drive the car at all. But, since you have more control, if you find yourself in this situation you can petition to get special permission to operate a motor vehicle with a temporary plate. In addition to the lengthened vehicle plate impoundment process, first-time offenders in Minnesota are also facing much harsher penalties than they did before. Penalties start at 90 days of jail time, and in some cases can go as high as three years. If you refuse to take a breath test after a DWI arrest, that adds another day for every hour that you take to consent to the breath test. First-time offenders who are fined will now be required to pay twice the amount of their fine if they choose to submit an appeal. First-time offenders hoping to avoid jail and fines entirely will have to commit to a year of probation. Now, however, the probation period might be different depending on the details of your case. For example, first-time offenders who qualify for the GDL program and have no prior DWI arrests must serve at least 30 days of probation.
Penalties for Repeat Offenders
As part of the overall package, the DWI repeat offender legislation also requires certain offenders who don’t go through a pretrial diversionary program (such as rare plea negotiations) to face longer license plate impoundments, expanded ignition interlock monitoring, and harsher penalties. Previously, standard license plates could be impounded for any DWI conviction other than first-time (misdemeanor) convictions. But repeat offenders with other convictions (including other misdemeanors and gross misdemeanors) also faced a repeat impoundment, sometimes lasting for years.
The new law broadens that scope significantly. Expanded plate impoundment procedures can now last for multiple DWI convictions. The specific language includes mandatory plate impoundment of the following:
In addition, the new DWI laws include an extended DWI ignition interlock monitoring program for repeat offenders. Specifically, the program gets expanded to cover:
The state Department of Public Safety can also impose additional conditions unique to individual convictions, such as placing restrictions on when a person can drink, or by requiring a faulty-free period after release.
These changes come after a similar bill that passed the State legislature in 2016 also toughening penalties on repeat offenders, particularly those whose reckless or dangerous behavior leads to injuries to another person.
Driving While Impaired Per Se and Refusing a Chemical Test
The legal limit for blood alcohol concentration (BAC) in Minnesota is once again .08 grams of alcohol per deciliter of blood. Refusing a chemical test, which includes blood, breath, and urinalysis comes with serious penalties under the new DWI laws. For example, first time refusal carries a 1 year revocation of driving privileges and criminal penalties such as fines and treatment requirements. Second time refusal includes a 3 year revocation and harsher criminal penalties. There are two sets of penalties in Minnesota, one that is civil and one that is criminal. The civil side applies to the suspension through the Department of Public Safety. The criminal side includes criminal fines, treatment requirements, and other criminal penalties. The laws do not stack together, rather they are applied separately.
The Ignition Interlock Program
I get asked a lot of questions about ignition interlock devices after people have their driving privileges revoked as the result of a DWI offense. I thought it would be a good idea to address some of the most common questions.
One of the main changes in the new law is that you no longer need to wait 30 days following your DWI arrest before getting behind the wheel again. Now, the waiting period is only 15 days. During this time, you can request an ignition interlock permit from the commissioner for the purpose of driving restricted for employment purposes. In order to get this permit, you will need to pay a $250.00 fee and install an ignition interlock device on any vehicle that you plan to drive during the restricted period. The device will require you to exhale into a mouthpiece in order to measure your blood alcohol level. The device requires periodic calibration testing by a certified service provider. If the device determines that you are above the legal limit of .02 it will disable the vehicle until another test is taken and you register within tolerance. You are also required to have your interlock device calibrated every 60 days. This is a very accurate machine, so there is no wiggle room when it comes to these tests. Please note that in addition to submitting periodic breath samples when requested by the ignition interlock device, during this permit period you must also submit to alcohol testing when asked by any Peace Officer , including roadside tests.
You are eligible to participate in an ignition interlock program if you are 21 years of age or older and if you have been arrested for Driving Under the Influence and/or Driving While Impaired or if you are charged with having an alcohol concentration of twice the legal limit.
Another change that has taken effect under the new law is that the commissioner will now issue working permits to commercial drivers who refuse to take a breath test or whose blood alcohol concentration is higher than .08. Previously, commercial drivers did not receive a driving permit that allowed them to continue driving to and from work and conducting business in the course of their employment unless they obtained an acquittal or dismissal of their DWI or DUI charge.
Under the new law, all costs for an ignition interlock program are paid by the offender. The ignition interlock service providers will bill the drivers directly for installation and maintenance of the devices. The fees charged by these providers will be outlined in the rule making process. To put this in perspective, previously the state of Minnesota paid $85 a month for each driving permit holder enrolled in the program. These costs were previously built into the fees charged by the Department of Public Safety. Drivers will now pay all costs associated with the installation and maintenance of the ignition interlock device.
The new law does not provide for any discounts or subsidized fees. The new law tries to make it as easy as possible to get back on the road. Once you install a device, you simply pay the monthly lease fee and testing/session fees. If you fail a test, you immediately lose the ability to drive. If you have a life changing event which could cause the device to be removed, you are required to submit a request to the commissioner for authorization.
Defending Against a DWI
In light of the new laws, it is important to review possible defenses that you may have. This will depend on the particular facts of your case.
An important first step is to challenge the constitutionality of the stop or seizure. Police must have a legally justifiable reason before they can stop or ask you questions. Otherwise, the evidence they collect after that will be suppressed.
For people facing felony DWI charges, they are entitled to a public defender if they cannot afford their own attorney but only if they request one on the record. If there is a qualified public defender available, you will be entitled to that appointment. If you choose not to accept the public defender and instead hire a private attorney, your private attorney cannot participate in the hearing on the motion to suppress the evidence. This means you will need to give up the public defender appointment if you wish to hire a private attorney. Alternatively, you can proceed without an attorney.
There are also instances in which a field sobriety test may be administered improperly; however, the results obtained from field sobriety tests are not admissible into evidence at trial. Even though they would not be admissible into evidence at trial, the police officer is fully within his or her rights to make an arrest based upon probable cause as that would be admissible at trial.
A thorough examination of the officer’s qualifications, the field sobriety tests utilized, and the totality of the circumstances at the time the tests were given could provide an important defense.
Commercial Drivers and Underage Offenders
Commercial drivers and underage drivers are both affected by the law, in similar ways. The legislature has now included these groups under the .08 law just like everybody else, with the higher penalties and sanctions, which is an obvious thing, but they have also decided that commercial drivers who are arrested or convicted of an alcohol-related driving offense – whether it be an implied consent test refusal, or a DWI driving offense – will have their commercial driving privilege disqualified. In such a case where a driver in the commercial context is arrested for a DWI, it will count as an arrest against their general driving record, but will also show up in the commercial driving record as being disqualified from operating a commercial motor vehicle. And the first time that this happens – where a person has been arrested but not convicted – they will serve one year disqualification. So even if they end up pleading their case down to no alcohol related charges, that disqualification is a significant sanction. Second arrest is 3 years disqualification. Third arrest 10 year disqualification. And fourth arrest is lifetime disqualification. So that is a pretty strong sanction.
In conjunction with that, there are some additional penalties and consequences for underage drinkers. The legislature has decided that when you actually blow a .08, the threshold legal limit, the ramifications for an underage drinker are a fine of up to $1,000. Rather than just the driver’s license penalties, the legislature has decided that the A.R.D. process that we typically utilize to either reduce the offense conviction or get it dismissed. That process is not available to underage drinkers who blow a .08 or greater. In addition to those, there are also fines for violating other laws for underage drinkers and commercial drivers can be disqualified from operating a commercial motor vehicle for a period of one year.
If You are Affected by the Changes to Minnesota’s DWI Laws
If you find yourself subject to the new DWI laws in Minnesota, it is essential to adhere to the following steps. First and foremost, seeking legal counsel from a qualified Minnesota DWI attorney is crucial. An experienced lawyer can help you understand your rights, the charges against you, and will provide you with the necessary expertise to navigate the legal process.
Next, it is important to be familiar with your rights under the new laws. For instance, you have the right to obtain a hearing after an arrest, even if you are facing a first offense with no prior criminal record. You should also know that you are entitled to an attorney during detention and formal questioning , and that you have the right to remain silent and be free from unreasonable searches and seizures.
It is also advisable to record the police officer’s name, badge number, and patrol car number, as well as any other identifying details. If possible, you should also document the circumstances of the arrest, including when and where it occurred, so that your attorney can use this information to build a strong defense.
Lastly, complying with the rules and requirements of the new laws is vital. This may include submitting to chemical testing, attending court hearings, and fulfilling any other obligations set forth by the court. Doing so can help demonstrate your willingness to cooperate with the legal process and may be viewed favorably by judges and prosecutors, especially in plea negotiation situations.