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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.

VANESSA’S LAW

In May 2004, “Vanessa’s Law” went into effect, in memory of Vanessa Weiss who was killed in May 2003 just days before her 16th birthday.  Vanessa had been a passenger in a vehicle driven by an unlicensed 15-year-old.

Vanessa’s Law applies to drivers under 18 years of age and provides recommendations and punishments for underage alcohol-related violations.

  • An unlicensed teen who received a crash-related moving violation or an alcohol/controlled substance-related violation (a violation of one or more statutes, including DUI, Implied Consent, Open Bottle, or Underage Drinking and Driving/Not a Drop Law) cannot be given a license, including an instruction permit or provisional license, until age 18. When this person turns 18, he/she must pass the driver’s license knowledge test, obtain an instruction permit and hold it for at least six months, and then pass the road test.

  • A provisional license holder whose driving privilege was revoked due to a crash-related moving violation or an alcohol/controlled substance-related violation cannot regain a license until age 18. At that time, the person must complete the following steps to obtain a full driver’s license:
  1. Fulfill all reinstatement requirements, including the payment of fees which can be up to $680 depending on circumstances;
  2. Complete the classroom portion of a formal driver education course;
  3. Pass the driver’s license knowledge test;
  4. Obtain an instruction permit and hold it for three months;
  5. Complete a driver’s behind-the-wheel class
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