Legal Question in Criminal Law in Minnesota

''Not a Drop'' Penalties 169A.33-any fines??

My son was cited for underage drink and drive (not DUI) his breath test was minimal but - zero tolerance means just that - we know that he's facing an automatic 30 day license suspension but we cannot find info regarding any criminal penalties or fines- the statute refers only to the suspension and any pamphlet we have regarding the ''Not a Drop''

law gives the same info.


Asked on 3/06/06, 12:58 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: ''Not a Drop'' Penalties 169A.33-any fines??

If his defense lawyer was successful in getting the charge dismissed or an acquittal, there would be no criminal penalties or driver license consequences. That normally would be the goal in such a case.

Minn Stat �169A.33, subd 3 provides the crime, if committed, is a misdemeanor (maximum 90 days jail and $1,000 "fine".)

Drivers license revocation for underage drinking conviction, Minn Stat �171.173. This is triggered when the court notifies the Dept of Public Safety ("DPS") of the conviction. DPS shall suspend the person's drivers license for 30 days or 180 days if ... previously convicted of same crime. Minn Stat �169A.33, subd 4.

DPS may charge a reinstatement fee -- you could call them to ask if they do and the amount. (It's close to $780 for reinstatement after a DWI).

Having it on the drivers license record is something to be avoided, if possible.

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Answered on 3/06/06, 3:52 pm


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