What are Minnesota's DWI Penalties Involving a Commercial Vehicle?
Minnesota's DWI law sets a lower per se alcohol concentration limit for
commercial vehicle operators (.04 as opposed to .08) and the implied consent
law allows for a chemical test upon probable cause that the commercial vehicle
driver has consumed any amount of alcohol whatsoever, also a stricter standard.
A commercial driver who violates the .04 standard is subject to a period
of disqualification as mandated by federal law (one year for the first violation,
ten years for any subsequent violation) from commercial vehicle driving.
The commercial licensee is still able to drive a non-commercial motor vehicle
unless he or she has also violated the regular DWI law by testing .08 or
higher or by driving while impaired or with any amount of certain controlled
substances in the body, in which case the person would be subject to the
full range of applicable penalties and sanctions of the regular DWI law.
Additionally, a commercial driver who incurs license revocation or cancellation
for an impaired driving violation in a personal passenger vehicle receives
no special dispensations from the sanctions and penalties that apply to other
drivers - the person is prohibited from driving any type of vehicle until
becoming validly relicensed to drive.
What are the Consequences of DWI on a Minnesota
School Bus Endorsement?
Minnesota's DWI law provides a strict standard of zero tolerance for school
bus driving, making it unlawful to drive a school bus when there is any physical
evidence of alcohol consumption in the person's body. In addition to criminal
penalties, a DWI violation involving a school bus also triggers cancellation
of the person's school bus driving endorsement and, upon conviction, disqualification
of the person's driving privileges. As with other non-school bus commercial
vehicle DWI violations, the person would remain validly licensed to drive
regular motor vehicles unless he or she also has violated the higher standards
of regular DWI law.
What are the Penalties for a First-Time DWI Violation
Involving an Off-Road Recreational Vehicle or Motorboat?
A violator with no qualified prior impaired driving incident is subject
only to the criminal penalties (misdemeanor for a test failure, gross misdemeanor
for test refusal or test above .20) and the loss of operating privileges
for the type of vehicle in operation at the time of the offense.
The person is not subject to driver's license revocation, mandatory chemical
dependency assessment and treatment, mandatory conditions of release, long-term
monitoring, the penalty assessment fee, or license plate impoundment.
A person arrested for a DWI violation involving an off-road recreational
vehicle or motorboat and who has a prior qualified impaired driving incident
on record is subject to the same administrative sanctions and criminal penalties
as the person would be if arrested while driving an automobile.
Is there a "Flying While Intoxicated" Law
in Minnesota?
A special Minnesota DWI law establishes a 0.04 per se standard for alcohol
concentration while flying and also criminalizes test refusal. Violation
is always a gross misdemeanor.
It is also unlawful to fly within eight hours of any alcohol consumption
- a zero tolerance standard, but time limited. Violation is a misdemeanor.
In practice, DWI violations involving aircraft nearly always trigger a federal
prosecution; with much stiffer criminal penalties and FAA licensing consequences.
Prosecution rarely occurs at the state level.
For a free consultation on these or any other unique circumstances in a
Minnesota DWI case, call me for a free legal consultation
at 952-224-4848.
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:dvhazelton@aol.com
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