Legal Question in DUI Law in Minnesota

Re: Underage drinking and driving ATV

I believe I would defeat a Careless Driving charge, for an ATV driven in a ditch only. Why? Because I do not believe Minnesota Statutes Section 169.13 would apply, since it was not operated or driven on a street, highway, parking lot or ice of a waterway.

In contrast, under the DWI statutes (Chapter 169A), however, an ATV operator CAN be guilty of DWI, anywhere, on any surface, road or other. From your description, it appears that he could have been charged with underage drinking and driving, the "not a drop" law. That is almost the same as a "real" DWI, and best avoided. Pleading guilty or being convicted of that could cost tens of thousands of dollars in increased insurance costs alone.

As for what evidence they have, despite there being no other witnesses, I can offer you a guess based upon my experience. Most people will freely admit to hospital staff and police how they were injured in a motor vehicle crash. that is obviously a huge mistake, but is often all the evidence they need. I have won cases where this was the only evidence, by convincing a judge to suppress the statement as not being voluntary (due to head trauma, medication, etc.)

Note that "underage consumption" is a world apart from "underage drinking and driving." If he were convicted of simply underage consumption, not in connection with a motor vehicle, that might not be a bad outcome. The other, as mentioned, would be very bad indeed.

Re: Underage drinking and driving ATV

He could havebeen charged with underage drinking and driving (which is different than underage consumption), DWI and Careless driving.

The careless driving charge would be a very difficult one to prove and was likely added on because the prosecutor may believe that your son actually may get away with drinking and driving. the prosecutor maystill try to make a case based on any statements your son made, or evidence at the accident scene which may allow law enforcement to estimate speed.

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Re: Underage drinking and driving ATV

You might want to look at my web page on the subject of underage drinking and driving at http://www.mn-dwi.com/underage.html.

Your son needs a lawyer to see if the prosecutor will drop the careless charge in exchange for an underage consummption as a non-driving offense plea. The most important thing for your son is to keep this off his driving record.

An ATV is a motor vehicle and this could wind up on his driving record if you're not careful.