If you are dealing with driving while intoxicated (DWI) or driving under the influence (DUI) charges in Minnesota, your blood alcohol concentration (BAC) can become a key piece of evidence that can shape the entire case.
What are the BAC limits in Minnesota?
State laws define intoxication as having a BAC of 0.08% or higher. However, you can still face arrest and criminal charges if your BAC is lower than that if you show signs of impairment.
Additionally, the legal threshold is 0.04% for commercial drivers and 0.02% for drivers under the age of 21. Anything above these limits can result in serious criminal charges.
A higher BAC could lead to aggravated drunk driving charges
A BAC level of 0.16% or higher can lead to gross misdemeanor charges – which means additional legal problems and higher penalties, such as a longer license suspension and jail time. A second DWI offense within 10 years can be a felony, which could lead to up to several years behind bars. Drivers can also be required to have so-called “whiskey plates” or an ignition interlock device.
A lower BAC doesn’t mean there are no consequences
It’s important to understand that even with a BAC below 0.08%, you’re not necessarily in the clear. You can still be charged with impaired driving with any amount of alcohol in your system based on the officer’s observations – although such cases may be easier to defend.
A DWI charge isn’t the end of the road
If you are facing DWI/DUI charges, do not lose hope or assume you have no defense. BAC tests are not infallible, and police make mistakes when assessing impairment, administering tests and analyzing results.
As such, challenging BAC calculations and police procedures in court can weaken the prosecution’s case. This approach requires extensive knowledge to be successful, as there are many elements that go into calculating BAC and assessing impairment, some of which are subjective and prone to error.
Legal guidance can be essential in understanding the nuances of your case, identifying issues with the evidence against you and building defense strategies to protect you against unfair charges and criminal penalties.