Legal Question in DUI Law in Minnesota

In a city where Alchol is only allowed to be served until 1 a.m. A group of 20 people were invited into a bar after it had been closed. (After 1a.m.) The police came in around 1:45am and Arrested the Bartender who invited them in and held the 20 people and took their names. They gave no one a breath test so they would have no proof if any one was or was not drinking at the establishment, of the group of 20. The question is could the city, the establishment, or the police levy a fine or press charges against the 20 that were in the establishment after hours?


Asked on 1/01/12, 10:36 am

2 Answers from Attorneys
Landon Ascheman Ascheman Law

If this is a city ordinance it is possible that charges could be pressed. If charges are pressed, I would suggest those that are charged find a good attorney to represent them. Depending on the circumstances these individuals may have a very good case.

If you would like to discuss your case further, feel free to contact our office for an initial consultation at no cost: 612-217-0077

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Answered on 1/01/12, 11:34 am

Most likely it is illegal to drink in a bar after hours. As Mr. Ascheman stated, there may be a city ordinance (and maybe a corresponding state law.) You may want to look it up in the Minn. Stats. The police could cite and city could prosecute anyone that was drinking with a misdemeanor.

A breath test is not required for an individual to be found guilty, but it would help the city's case. Obviously, if a police officer sees someone drinking a bottle of Miller Lite through the window before she enters she could testify to that fact. The city would have to prove its case against the defendant.

New Ulm City Code Section 5.65. Unlawful acts.

Subdivision 1. Consumption. It is unlawful for any person to consume, and for any licensee to permit consumption of, alcoholic beverages on licensed premises more than 20 minutes after the hour when a sale thereof can legally be made.

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Answered on 1/02/12, 9:22 am


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