Elements of the Crime of DWI What Constitutes a DWI Crime in Minnesota?

Minnesota's DWI law makes it a crime:

1. to drive, operate, or be in physical control of any motor vehicle anywhere in the state while:
• under the influence of alcohol, a controlled substance, or (knowingly) a hazardous substance, or any combination of these;
• having an alcohol concentration (AC) of .08 (.08 is defined as .08 percent alcohol concentration or 8/10,000ths by volume) or more at the time, or within two hours of driving, operating, or in physical control;
• having any amount of a schedule I or schedule II controlled substance (other than marijuana) in the body; or
• if the vehicle is a commercial motor vehicle, having an alcohol concentration of .04 or more at the time, or within two hours of driving, operating, or in physical control or a motor vehicle; or



2. to refuse to submit to a chemical test of the persons, blood, breath or urine under the implied consent law (Minnesota Statutes, section 169A.52). It is only a crime to refuse a blood or urine test if the arresting officer first obtained a warrant to collect your blood or urine sample and you still refuse the test.

Arrested for DWI/Drunk Driving in Minnesota? Please consult my Minnesota DWI Penalties page
And call me for a free DWI/DUI legal consultation at 612-334-3342.