Sunday, November 24, 2013

Minnesota Under 21 Drinking and Driving (Explained)

Drivers under the age of 21--- who have been suspected of drinking/drugging and driving --- are subject to criminal penalties and other consequences, including: driver’s license suspensions. In the State of Minnesota, there is no tolerance for a person under 21 to have any alcohol in their system at all - when driving. This means the standard law that states a person cannot have a blood alcohol concentration (BAC) over .08 does not apply.  With this in mind, it is smart to contact a Minnesota Criminal Defense Attorney to assist with this dilemma --- because every arrest does not have to lead to a conviction.  

If you --- or your child -- has charged with underage Drinking and Driving and/or a DWI (two separate offenses) then you need a Minneapolis DWI Attorney who has worked with young drivers --- helping to avoid harsh consequences and to get back their suspended driver’s licenses.

The law in the State of Minnesota apply to drivers of all ages --- when it comes to DWIs. A person has to have an illegal substance in their body at the time they are driving the motor vehicle. Although alcohol is not illegal, it is when a person is behind the wheel of a car. The main difference in the law between drivers under the age of 21 and those that are 21 and over is the BAC content. 

Additionally, there are certain factors that apply to underage drivers that do not apply to drivers over 21. Those are:

Drivers that are 16 or 17 years old and charged with DWI are tried as adults and not juveniles. This means that they are subject to the same penalties and consequences as adults. However, they cannot be sentenced to adult correctional facilities.


Vanessa’s Law, named after 15-year-old Vanessa Weiss who was a passenger to a 15-year-old unlicensed driver, was killed in an accident. In 2004, the law went into effect and it states that anyone under the age of 18 and who is under the influence of drugs or alcohol must do the following:
  • Wait to obtain their license or permit until the age of 18
  • Pay up to $680 in fees before receiving their driver’s license
  • Pass a knowledge test before becoming a licensed driver
  • Complete a classroom driver education course
  • Hold their permit for at least 3 months before applying and testing for their license
Minnesota has a Not a Drop Law for drivers under 21, which means there is no flexibility for these young individuals at all. So if charged with an under 21 DWI, it is very important to call upon a Minneapolis DWI Attorney to help achieve the best outcome possible.

If you need help with an under 21 DWI or you have a child who has been charged, you are most likely experiencing fear for the future and a lot of confusion. The step to take is to call the Rolloff Law Office at (612) 234-1165 to set up a free consultation.  Get answers --- before you take another step.   


  1. There should be more check posts on the highways so that if any person (under 21 years) drives a car can be caught before any accident happens by him. Thanks for the news.


  2. Nice to duscuss on under 21 DWI penalties.great info on this.

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