Saturday, March 15, 2014

Minnesota DWI Questions - Answered

If you have been charged with DWI, please review the following information and do not hesitate to seek help from an experienced Minnesota DWI Defense Attorney.

How drunk does someone have to be before they can be convicted of driving under the influence?

In the State of Minnesota, any blood alcohol level of (.08) or higher will subject you to criminal charges and/or a conviction. However, your driving skills are affected from the first drink of alcohol. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over (.08)?
It is not the number of drinks alone that determines how high your blood alcohol levels are. Wine, beer, mixed drinks and hard liquor have different percentages of alcohol so it’s more important to focus on how much total alcohol you have consumed over a certain period of time. Additionally, your impairment and your blood alcohol levels are influenced by gender, age, weight, amount and type of food you have eaten, medications, and other factors.

Do I have to take a blood, breath, or urine test if asked to do so by the police?

The answer is almost always “yes” because refusing to do so is considered a crime, a Gross Misdemeanor, in the State of Minnesota. If you refuse to take a test when you are stopped, your license may be revoked for at least a year --- depending on any "priors" you might have.

I tested under the legal limit and I’m still charged with DWI, is that legal?

The answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if the alleged improper driving conduct establishes that the driver is “under the influence” of alcohol.

How long will I lose my driver’s license?

The length of revocation or cancellation of your driver’s license depends on many factors including your blood alcohol concentration, whether or not you took the test, the number of prior offenses, your age, and the length of time between offenses. Typically, if it is your first offense and your blood alcohol concentration was under (.16), your license will be revoked for 90 days --- but maybe as few as 30. For more information, you should contact The Rolloff Law Office at (612) 234-1165.  

When can I get a work permit (limited license)?

Again, a person’s eligibility for a work permit (limited license) depends upon numerous factors including, but not limited to, blood alcohol concentration, number of prior offenses, and whether or not you took the test. Typically, if it is your first offense and your blood alcohol concentration is under (.16) then you can apply for a work permit 15 days after the expiration of your temporary license.  

How do I get my license reinstated or get a work permit?

Generally, in order to have your license reinstated, or to get a limited license, you must follow the requirements established by the Department of Public Safety. If it is your first offense, you must: (1) pay the reinstatement fee,, (2) make an application for a new license, and (3) take a written test on chapters 7 and 8 of the Minnesota Driver’s Manual. 

If convicted of Drunk Driving, you could face fines, penalties, jail time, and more. Because of these harsh results, you would be making a serious mistake if you took your DUI / DWI lightly! Get the legal help you need from an experienced Minnesota DWI Lawyer. Call the Rolloff Law Office TODAY. (612) 234-1165


  1. Thank you so much for helping by your caring and sharing all of the information you have provided pertaining to people like me who are already faced with barriers caused by their record. I will be passing this information and your site to anyone who feels like there’s no hope at all that could improve there situation and future.

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  2. Do you know how often people get charged with DUI's? I have to right a report on the rules of the road for one of my classes at school. I think this would be a very interesting thing to talk about!