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Alcohol and Drug Limits
- 1/21When your BAC reaches 0.08% or higher
In Minnesota, driving with a BAC of 0.08% or above is considered legally impaired, regardless of how well you appear to drive.
If you are under 21 and any alcohol is detected
Minnesota’s Not-a-Drop law prohibits drivers under 21 from consuming any alcohol before or while operating a vehicle.
When operating a commercial vehicle with a BAC of 0.04% or higher
Commercial drivers are held to stricter standards and can lose their CDL with a BAC as low as 0.04%.
If you are caught driving under the influence of drugs
Driving while impaired by any drug, legal or illegal, is treated the same as alcohol-related impairment in Minnesota.
When you refuse to take a blood, breath, or urine test
Minnesota’s Implied Consent Law requires drivers to submit to chemical testing or face automatic license revocation.
If your BAC is 0.16% or higher at arrest
A BAC of 0.16% or more is considered an aggravating factor and brings harsher legal and administrative penalties.
When a DWI results in serious injury or death
Causing injury or death while under the influence elevates charges to a felony, with long prison terms and heavy fines.
If you have a prior DWI offense within 10 years
Minnesota increases jail time, fines, and license revocation periods for repeat DWI offenders based on the 10-year lookback rule.
When arrested for DWI with a child passenger
Having a child under 16 in the vehicle while impaired increases the severity of the DWI offense and can lead to felony charges.
If you are convicted of a third DWI offense
A third offense includes mandatory jail, loss of license, vehicle forfeiture, and installation of an ignition interlock device.
When alcohol or drugs impair your ability to drive safely
If your driving is clearly impaired, officers can arrest you for DWI even if your BAC is under 0.08%.
If you are found unconscious while operating a vehicle
Minnesota law allows officers to obtain a warrant or proceed with testing when a driver is unconscious or uncooperative.
When prescribed medication causes drowsiness or slowed reactions
Legal medications such as painkillers, antihistamines, or sedatives can impair driving and lead to DWI charges if misused.
If you drive under the influence of marijuana
Minnesota treats drugged driving seriously, including marijuana, regardless of its legal status or intended use.
When your BAC is between 0.04% and 0.08%
Even below the 0.08% limit, you can be charged if your driving is impaired or you have aggravating factors.
If you are caught with open alcohol containers in the vehicle
Minnesota prohibits open containers of alcohol within the passenger area of a vehicle, regardless of the drivers sobriety.
When a DWI conviction occurs
A DWI stays on your driving record and causes major increases in auto insurance premiums for many years.
If your license is revoked due to DWI
Reinstatement requires fees, passing tests, and possibly attending treatment or education programs.
When you fail a chemical test
Administrative penalties are imposed regardless of court outcomes. Revocation begins upon test failure.
If you accumulate multiple DWI charges within 10 years
Repeat DWI offenders in some states may be issued special restricted plates known as Whiskey Plates, marking their vehicle for enhanced law enforcement visibility and public awareness.
When using ignition interlock
Minnesota’s interlock program allows limited driving after DWI but requires clean breath samples to start and continue driving.