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Minnesota driving lesson · Alcohol, Drugs & Driving

DWI law, implied consent and penalties

A 4-minute lesson from the Minnesota course. Read the rules and examples, follow the handbook page references, and check your understanding before you move on.

Read time
4 minutes
Course unit
Alcohol, Drugs & Driving
Checkpoint questions
6
Source pages
96, 97, 98

Minnesota's DWI law sets alcohol limits, requires you to take a chemical test when an officer has probable cause, and escalates penalties sharply with each offense.

Alcohol concentration limits

Alcohol concentration limits
LevelResult
0.08 percent or moreDWI — in control of a moving or parked vehicle
0.04 percent or moreDWI when driving a commercial vehicle
As low as 0.04 percentDWI if alcohol caused your driving errors
Handbook p. 96 ↗

Know the rule

The DWI and implied consent laws also apply to off-road recreational vehicles and motorboats.

Handbook p. 96 ↗

Implied consent

If an officer has probable cause to believe you're impaired while operating or in control of a vehicle, you must take a blood, breath or urine test.

Handbook p. 96 ↗

Know the rule

Refusing the test is a crime and brings revocation of driving privileges for one to six years, depending on your prior offenses.

Handbook p. 96 ↗

Preliminary (pre-arrest) breath test

A roadside screening device that estimates your alcohol concentration. Its results have limited use as court evidence; after arrest, an evidentiary test is required.

Handbook p. 96 ↗

An officer may ask you to take a test when you:

  • Are under arrest for DWI
  • Refuse the pre-arrest breath test
  • Take and fail the pre-arrest breath test
  • Are in an alcohol-related crash that caused injury, property damage or death
Handbook p. 96 ↗

Know the rule

The pre-arrest test can help you if you seem intoxicated but aren't — some medical conditions mimic intoxication, and officers will get medical help for drivers who are ill.

Handbook p. 96 ↗

Penalties are more severe if you:

  • Have prior DWI arrests
  • Had an alcohol concentration of 0.16 percent or above
  • Had a child younger than 16 in the vehicle
  • Are under 21
  • Refused a pre-arrest breath test
Handbook p. 97 ↗

Know the rule

Testing 0.08 or above, or refusing a test, can get you a seven-day temporary license; then your license is revoked. An alcohol-related revocation brings a $680 reinstatement fee, a new license application and possibly the Ignition Interlock Device Program.

Handbook p. 97 ↗

DWI offenses

DWI offenses
OffenseLicenseCriminal penalty
First90-day revocation minimum (30 if you plead guilty)90 days jail, $1,000 fine or both
Second within 10 years1-year revocation minimum1 year jail, $3,000 or both; plates impounded
Third within 10 yearsLost 3+ years; license canceled1 year jail, $3,000 or both; vehicle forfeited
Fourth within 10 years (felony)Lost 4 years + rehabilitationUp to 7 years prison, $14,000 fine
Handbook p. 97 ↗

Know the rule

First offense: no work permit until 15 days of revocation have passed and requirements are met, and none at all at 0.16 or above; interlock is optional. Second: interlock may be required. Third: chemical use assessment and interlock required, plates impounded, plus jail or maximum bail with electronic monitoring.

Handbook p. 97 ↗

Ignition interlock device

A device wired to the starter that you must blow into; it won't let the vehicle start at 0.02 percent or more. First offenders at 0.16+ may use it to regain driving privileges.

Handbook p. 98 ↗

Know the rule

Felony DWI applies to a fourth DWI in 10 years, anyone previously convicted of felony DWI, or anyone convicted of criminal vehicular homicide while impaired. Penalties can include up to seven years in prison with five years of conditional release and a $14,000 fine.

Handbook p. 98 ↗

Put it into practice

A driver's first DWI arrest shows 0.17 percent. Because it's 0.16 or higher, no work permit is available — but as a first offender at that level, she may regain driving privileges through the Ignition Interlock program.

Check your understanding

Read the question, decide on an answer, then open it to check the explanation. These are Roadwise study questions based on the source handbook.

What BAC level makes a driver 21 or older subject to arrest for DWI?
  1. 0.05 percent or higher
  2. 0.08 percent or higher
  3. 0.10 percent or higher
  4. 0.12 percent or higher

Answer: 0.08 percent or higher

A BAC of 0.08 percent or higher makes a driver 21+ subject to a DWI arrest.

Handbook p. 96 ↗
Under Minnesota's implied consent law, what must you do if an officer has probable cause you are impaired?
  1. Submit to a test of your blood, breath, or urine
  2. You may refuse with no consequence
  3. Only submit if you consent verbally
  4. Only submit if a lawyer is present

Answer: Submit to a test of your blood, breath, or urine

Implied consent requires submitting to a blood, breath, or urine test when an officer has probable cause.

Handbook p. 96 ↗
What happens if you refuse to take an implied consent test?
  1. A crime; revocation for 90 days
  2. A crime; revocation for 1 to 6 years
  3. A civil fine with no revocation
  4. A 30-day suspension, not a crime

Answer: A crime; revocation for 1 to 6 years

Refusal is itself a crime, leading to a one- to six-year revocation depending on your history.

Handbook p. 96 ↗
What is the minimum license revocation period for a first DWI offense?
  1. 90 days (30 days if you plead guilty)
  2. 180 days with no exceptions
  3. 30 days with no exceptions
  4. One year minimum

Answer: 90 days (30 days if you plead guilty)

A first offense carries a minimum 90-day revocation, reduced to 30 days with a guilty plea.

Handbook p. 97 ↗
What is the minimum license revocation for a second DWI offense within 10 years of the first?
  1. 90 days
  2. Three years
  3. One year
  4. Six months

Answer: One year

A second offense within 10 years carries a minimum one-year revocation.

Handbook p. 97 ↗
How does an ignition interlock device work?
  1. It blocks starting at 0.02 percent or above
  2. It blocks starting at 0.08 percent or above
  3. It blocks starting at 0.04 percent or above
  4. It records alcohol but never blocks starting

Answer: It blocks starting at 0.02 percent or above

The device blocks vehicle starting if it detects a BAC at or above 0.02 percent.

Handbook p. 98 ↗
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