“Will I go to jail?” is a question many people wonder after being charged with a DUI. Minnesota has four degrees of DUI charges from Fourth Degree DUI (a misdemeanor) to First Degree DUI (a felony). Having a high test reading (0.16 or higher), having a child under the age of 16 years in the vehicle, and having one of more prior DUI offense within 10 years are all “aggravating factors” and increase the seriousness of the charges. The following is a brief summary of the consequences of being convicted of a DUI in Minnesota:

1st DUI Offense

If your BAC is under 0.16 and it is your first DUI offense the penalties include up to 90 days in jail and/or a $1000 fine. If your BAC is 0.16 or more, you may be sentenced to up to 1 year in jail and/or a $3000 fine. A test refusal also results in up to 1 year in jail and/or a $3000 fine. Jail time may include EHM (electronic home monitoring), REAM (remote electronic alcohol monitoring) and/or actual incarceration in a jail or workhouse.

2nd DUI Offense

If your BAC is under 0.16 and it is your second DUI offense the penalties include up to 90 days in jail and/or $1000 fine. If your BAC is 0.16 or more, your may be sentenced to 1 year in jail and/or a $3000 fine. A test refusal also results in up to 1 year in jail and/or a $3000 fine. Jail time may include EHM (electronic home monitoring), REAM (remote electronic alcohol monitoring) and/or actual incarceration in a jail or workhouse.

3rd DUI Offense

At any BAC level and/or test refusal, the penalties include up to 1 year in jail and/or a $3000 fine. Jail time may include EHM (electronic home monitoring), REAM (remote electronic alcohol monitoring) and/or actual incarceration in a jail or workhouse.

Felony DUI

If you are arrested for your fourth DUI in a 10-year period, you have previously been convicted of a felony DUI, or have a prior felony conviction for an impaired driving related criminal vehicular homicide/injury, you may be charged with a felony. The criminal penalties for felony DUI are up to 7 years in prison and/or a $14,000 fine. Jail time may include EHM (electronic home monitoring), REAM (remote electronic alcohol monitoring) and/or actual incarceration in a jail or workhouse.

Criminal Vehicular Operation

You may be charged with Criminal Vehicular Operation if you are operating a motor vehicle while impaired that results in injury (bodily harm) or death to someone else. If convicted, you may be sentenced to up to 10 years in prison and/or up to a $20,000 fine. Jail time may include EHM (electronic home monitoring), REAM (remote electronic alcohol monitoring) and/or actual incarceration in a jail or workhouse.

Minnesota’s Underage Drinking and Driving law

In Minnesota, it is a crime for any person under to the age of 21 years to consume any alcohol and operate or be in physical control of a motor vehicle.

There does not have to be proof that the driver was actually under the influence of alcohol or that his/her blood alcohol level was over .08 %. Accordingly, this zero tolerance policy is sometimes referred to as the “Not a Drop” law, and an underage drinker will face penalties under Minnesota’s “Not a Drop” law in addition to the DUI laws.

For more information, see Minnesota’s Drunk Driving Laws