Criminal Drunk Driving Laws

Q. WHAT ARE THE DRUNK DRIVING LAWS IN MINNESOTA?

A. There are several statutes passed by the Minnesota Legislature that prohibit
drinking and driving.

Q. WHAT SORT OF PENALTIES ARE GIVEN FOR DRUNK DRIVING?

A. Each of the statutory violations have a different consequence, and the sentencing judge has a great deal of discretion as to the penalty.

Q. WHAT IS THE CRIMINAL PROCESS OF A DRUNK DRIVING
VIOLATION?

A. The process consists of the stop, the search, the arrest, the charges, pre-trial
release, the trial and the sentencing.

1. THE STOP: An officer must have a “particularized and objective basis for
suspecting the particular person stopped of criminal activity.” U.S. v. Cortez,
449 U.S. 411 (1981). All that is required for an officer to conduct a stop is a
showing that the stop is based upon specific explainable facts which, taken
together with rational inferences from those facts, reasonably warrants the
intrusion. United States v. Cortez, 449 U.S. 411 (1981); State v. McKinley,
232 N.W.2d 906 (1975).

2. THE SEARCH: The police may conduct a valid warrantless search if they
have a voluntary and intelligent consent to do so. Schneckloth v.
Bustamante, 412 U.S. 218 (1973). If the police have full probable cause to
believe that a vehicle contains items used in a crime, or evidence of a crime,
or contraband, they can search the entire vehicle including the trunk and all
containers within the vehicle that might contain the object for which they are
searching. U.S. v. Ross, 456 U.S. 798 (1982).

3. THE ARREST: “Probable cause” is needed for an arrest. An officer may
arrest a person for a violation of the DWI laws without a warrant upon
probable cause, without regard to whether the violation was committed in the
officer’s presence. MS. 169.121, Subd. 1b. There are many different signs
of intoxication. Not all of them have to be present to justify an arrest for
DWI. Holm v. Commissioner of Pub. Safety, 416 N.W.2d 473 (Minn. Ct,
App. 1987).

4. THE CHARGES: If the violation is a misdemeanor, the police officer can
charge it or give it to the County Attorney to charge. If the violation is a
gross misdemeanor, the complaints must be issued by the County Attorney.

5. PRE-TRIAL RELEASE: In all cases in which a person is charged with a
criminal violation, the judge can order bail or special conditions of release.
The first time a person commits a DWI, that person will normally be
released without bail. However, if the person has committed several drunk
driving offenses, the judge may order conditions upon the release of the
defendant, such as placing the person in the care and supervision of a
designated person or organization or setting bail. The maximum bail which
may be imposed in a DWI is quadruple the maximum fine. In a
misdemeanor case, the maximum bail is thus approximately $700 x 4 =
$2,800. In a gross misdemeanor the maximum bail is $3,000 x 4 = $12,000.
Minn. Stat. § 629.471, subd. 2.

6. TRIAL: If the defendant pleads not guilty, then a trial will be required.
The prosecuting attorney must prove to a jury that the defendant was guilty
of violating a criminal statute “beyond a reasonable doubt.”

7. SENTENCING: If the defendant drunk driver is found guilty of drinking
and driving and injuring or killing another, the judge will sentence that
defendant.

H. VICTIM IMPACT STATEMENT: At the sentencing hearing the victim has a
statutory right to present to the court either in writing or by reading out loud, a
Victim Impact Statement explaining how the injury or death by the drunk driver
has impacted the victim’s life.

I. COSTS: It has been estimated that the long term cost for a drunk driving
violation is between $12,000 and $18,000 including attorney’s fees, fines and
increased insurance premiums.