Minnesota Legal Level of Blood Alcohol Concentration (BAC)
Understanding the Legal Alcohol Limit in Minnesota: What You Need to Know
Variations
The legal limits vary for different classifications of drivers in Minnesota:
The standard blood alcohol concentration limit in Minnesota is .08 percent for drivers operating a motor vehicle that weighs under 26,000 pounds and is not subject to federal regulations. In the state of Minnesota, a driver cannot operate a motor vehicle with a blood alcohol concentration (BAC) greater than this level.
Drivers of larger standard-sized vehicles are not necessarily held to a different standard. While commercial truck drivers and other heavy duty drivers do have a lower BAC limit, they are not required to have a BAC that is lower than . 08 percent. Minnesota does not have a second limit for standard-sized vehicles that is lower than .08 percent, such as some other states have.
Drivers of passenger vehicles, or standard-sized vehicles, in Minnesota are legally intoxicated if their BAC is at least .08 percent or greater while operating a motor vehicle, or if their BAC is even lower, such as .07 percent, and they’re caught exhibiting any signs of being impaired. While the standard BAC limit is .08 percent, a lower BAC limit of .04 percent exists for drivers of commercial motor vehicles (trucks and buses). This limit is about half of the legal blood alcohol limit for standard drivers and is reserved exclusively for commercial drivers.
Penalties for Driving Over the Legal Limit
The consequences of exceeding the legal alcohol limit in Minnesota can be severe. For a first offense, a driver found to have a blood-alcohol concentration (BAC) of .08% or greater may face criminal charges that include a misdemeanor charge and up to 90 days in jail, a $1,000 fine, and a minimum 30-day license suspension. Aggravating factors, such as prior DWI convictions, increase the severity of the penalties and can lead to felony criminal charges even for a first offense.
In addition to the criminal penalties, drivers convicted of exceeding the legal alcohol limit will face administrative penalties from the state of Minnesota. This includes a temporary license suspension at the time of arrest, which prevents the driver from legally operating a motor vehicle until the administrative matter is resolved. A driver will also face a fine of at least $680 to reinstate his or her license, and he or she must pay an additional fee ranging from $250 to $490 to obtain a limited license to drive only for "essential" driving needs during the license suspension.
Under Minnesota law, a driver cannot have more than four alcohol-related driving offenses within the past 15 years. After the fourth incident, the driver can be charged with a felony DWI, which means it is a crime regardless of BAC level, and can result in at least three years in prison. Vega Law Firm represents clients facing criminal charges for driving while impaired and can help you proactively address this matter.
How BAC Is Affected by Different Factors
Several factors can influence the alcohol content in an individual’s system. These include:
Body Weight
Body weight is a key component of the legal alcohol limit. Because alcohol is absorbed into the bloodstream, the weight of a person will determine their BAC levels.
Alcohol Tolerance
Depending on how often you drink alcohol, you may have a higher or lower tolerance to the substance. A person who is not a habitual drinker may be more affected by the substance than someone who regularly drinks, so tolerance can definitely play a role in determining these factors.
Food Intake
The food that you eat can also impact your BAC levels. If you consume alcohol with food, the results are much less severe than if you drink the substance on an empty stomach.
Drinking Rate
Having more than one drink immediately after another can affect how quickly the substance enters your bloodstream and impacts your body. For this reason, drinking quickly can have a different effect on your body than consuming the same number of drinks over a span of several hours.
Staying Under the Legal Limit
How do you stay within the legal limit?
While some factors that influence blood alcohol concentration (BAC) are beyond your control, there are a number of things you can do to ensure that you stay within the legal limit. First and foremost, you should always be mindful of how many drinks you are consuming.
You are more likely to stay within the legal limit if you only have one or two drinks over the course of an evening. So, for example, if you are having a few beers at a sports bar while watching a game with friends, try sticking to the one or two-limit for the entire duration of the game, rather than the one or two-limit per quarter. For most people, three standard drinks in a two-hour period should not result in BAC above 0.08. So, generally speaking, if you spend a Friday night downing a pitcher of beer with friends over the course of two hours, you will likely be one drink short of hitting the legal limit. If that same pitcher, however, is consumed over a six-hour span, the risk that everyone has gone over the limit is much higher.
That being said, one of the best ways to stay within the limit is to take a pass on alcohol altogether. If you are not worried about crossing the line in the first place, you can do all of the socializing you want without the associated drunk-driving risks. If you must drink while attending a party or other large social gathering, consider limiting yourself to one standard drink per hour. The Food and Drug Administration (FDA) considers a standard drink to be a twelve-ounce beer, five-ounce glass of wine, or one-and-one-half-ounce shot of hard liquor . This may also be a good time to employ the buddy system—make a pact with a friend, either prior to the party or the day of, that you will keep track of each other’s intake and stop drinking when you have both completed your allotment.
A hotly debated topic in the discussion of legal blood alcohol limits is whether or not drink spacing can help the average person stay under the legal limit. Research by one group suggests that spacing alcoholic beverages over a four-hour period can hold your BAC below 0.08 only if you consume less than one drink per hour. Granted, factors vary widely from person to person and can include such elements as body weight, food intake, hydration level, and metabolic rate, but the FDA claims that this is a general guideline that offers a reliable way to stay within the limit. While drunk driving has a stigma attached to it, claiming that you had only had a drink or two when questioned by law enforcement only casts you in a worse light. So if you have had a few too many and suspect that you might be over the limit, it’s best to be realistic and admit it. Call a cab or use a ride-share app to get home, or arm yourself with cash, and our phone number based on the directions to the bar, and file for indigent defense at a later time. Having an open and honest attitude about your situation will get you much further than making up an excuse for why you might have been swerving all over the place on your drive home.
Recent Changes to Minnesota DUI Laws
Over the years, Minnesota has gradually tightened restrictions against driving under the influence. Now, there is zero tolerance for any level of alcohol in your system and the enforcement process is more robust and pervasive than ever before.
As "DWI," or driving while intoxicated laws evolved to "DUI," or driving under the influence, the state created a distinction between "general impairment" and "gross impairment" when it comes to operating a motor vehicle under the influence of alcohol. To fit into the "general impairment" group, you must have a blood alcohol content (BAC) below 0.08% and still be able to follow all traffic laws and hold a conversation normally. If your BAC is 0.08% or above, you are considered to be a "gross impairment" until proven otherwise.
Effective Aug. 1, 2017, stricter penalties for DWI offenses were implemented, which you can read about here. Also new as of August 2017 is the fact that police don’t have to provide you with a breath test and you cannot refuse to take it. (More on that below.) In addition, a civil penalty for test refusal has been established at $250 to $3,000, depending on your BAC.
The penalties for refusing to take a drug or alcohol test are steep:
A DUI conviction comes with several penalties, including:
Repeat offenders can be subject to harsher ramifications, which is something to keep in mind if you have been convicted of a DUI in the recent past.
Resources for Alcohol Education and Legal Assistance
If you’re looking to learn more about drinking and driving and Minnesota law, there are a number of agencies that have information readily available to you.
Additional Resources:
National Council on Alcoholism and Drug Dependence (NCADD) – The most comprehensive, informative website I’ve ever seen dedicated to alcohol and drug addiction. Resources are divided into categories for the general public, alcohol-related issues, drugs-related issues, special populations, prevention and early intervention, and a referral service for treatment programs in other states (in case you’re reading this from outside Minnesota). The NCADD also co-sponsors alcohol education programs, groups, and seminars taught by an experienced team of national experts. MADD – The foremost website that will provide you with information on the mind set of an impaired driver. It will also teach you how to spot one on the road and steps that can be taken to help prevent drunk driving. MADD which is short for Mothers Against Drunk Driving , uses grassroots activism to educate and prevent drunk driving. Education and Resources Division of the Department of Human Services – Here you’ll find lots of articles, pamphlets, and booklets on alcohol, drug, problem gambling, and tobacco health issues. There are also links to organizations such as the Minnesota Department of Health and The Minnesota Department of Public Safety. Minnesota Department of Public Safety – Read about the numbers and statistics involved with drinking and driving, along with the laws that govern the arrests for it. There are also links that will guide you to websites that will answer any questions your have about what happens when you’re stopped for drinking and driving. The site will provide you with information about the costs associated with a DWI conviction, both monetary and otherwise. You’ll also get the facts on the different ways that individuals are impaired by alcohol and what the true impact it can be on a human being.
