Legal Question in DUI Law in Minnesota

Re: Close Enough?

Thank you for your question.

The legal limit for a DWI is .08, in most cases. A driver can be charged with DWI if he or she is either "under the influence," or is over .08. It is rather rare to see someone charged with DWI if they were under .08, unless they have a unique sensitivity to alcohol and are plainly impaired by even a small quantity.

I would need to know whether the driver had any prior violations. If he has had prior violations and is on probation, it may be that he is under an order to abstain from any alcohol use. In that instance, he could be arrested and charged, even if he was otherwise under the limit.

If the driver has no priors, and the test results are as you have indicated, it is unlikely he will be charged. If that happens, you should contact an attorney promptly to discuss the matter and prepare a proper defense. You may feel free to contact me at your convenience and discuss the matter in more detail, or to obtain representation if there is a charge.

Good luck, and thank you for your question.

Re: Close Enough?

To Whom It May Concern:

Responding to whether the .077 your boyfriend received is "close enough"

to receive a DWI the short answer would be maybe. It is possible to receive a DWI with a blood alcohol content as low as .04. This is dependent upon many factors.

1. Was there any erratic or dangerous driving conduct which would merit a Driving While Intoxicated charge.

2. There are two statutory provisions under DWI. One charge for actually being in excess of the .08 limit, and one for actually driving under the influence. (It seems your boyfriend was charged with the

later)

3. There are other procedures that the police must follow when arresting and charging someone with an impaired driving violation, were they followed. (ie was he tested within two hours of being stopped, was he allowed sufficient time to contact an attorney, was he read the implied consent advisory)

4. Without the .08 your boyfriend could possibly escape the drivers license consequences of a DWI because the implied consent would not be invoked.

There are many issues that come in to play on these type of cases. It is impossible for me to sufficiently explain everything with such little information. This case would be worth having a consultation with an attorney. I hope this information helps you get a grasp on the situation. If you have any more questions I would be happy to talk to you either by phone or in person.

Jennifer S. Homer, Mankato, MN

Re: Close Enough?

Minnesota law says it is illegal to drive with a blood alcohol over .08 - OR when one has had so much to drink that they are not safe to be driving. For some people intoxication to the point of not being safe can happen at a much lower level than .08.

In fact, if your boyfriend has low tolerance for alcohol, that is to his credit. It may mean he has not been drinking to the point of building up a high tolerance to alchohol.

Your boyfriend should get a lawyer. With a lawyer by his side, the chances of getting the charges reduced to careless or something better are quite good.

My contact info is at http://www.mn-dwi.com.

Re: Close Enough? DWI charge below 0.08

Typically drivers police claim were driving under the influence of alcohol are charged with two types of criminal charges: (1) DWI "under the influence;" and (2) "driving with an alcohol concentration of 0.08 or more." But, they have the discretion to arrest for only one of the two, and a prosecutor may charge only one of the two, if they wish.

The bad news is that they can make the claim, or the "charge." The good news is that a good DWI defense lawyer (like me) should be able to help him avoid conviction of any alcohol-related offense. This is important to try to do, to protect his drivers license and car insurance rates, among other reasons.