Legal Question in DUI Law in Minnesota

Re: Impaired Driving with levels below .08

Yes and yes.

The essential element of DWI is that one has had enough booze so that his or her condition is such that he or she is not in proper control of he vehicle. For many people that happens way below .08.

However, that being said, I would hope that a good lawyer could talk the prosecutor into reducing the charge to careless. This possibility would of course depend on how bad that accident was.

What you have here is way past anything that law guru was intended for. This is no substitute for talking face to face with a competent lawyer. I suggest that you do so as soon as possible.

This is for general information purposes only and does not create an attorney-client relationship.

Re: Impaired Driving with levels below .08

Police can claim that a person was driving while under the influence of alcohol (driving impaired by alcohol), even if below the arbitrary legal "per se" limit of 0.08. However, the government may have serious problems of proof, and may not be able to persuade the jury or judge that the person was impaired by alcohol. Much would depend upon the facts of the case, but I would be skeptical unless there are some unusual facts to justify it. Remember that a "charge" is merely an unproven claim, which can be tested in court with the help of a lawyer (like me).