DRINKING & DRIVING
As you enjoy the picnics and family events this summer, remember to use good judgment on these social occasions.
The DWI law prohibits driving with an alcohol concentration of .08 or more. How quickly a person approaches this limit depends on several factors, including the person's weight, the rate of absorption of alcohol into the blood (faster on an empty stomach), and the rate of elimination from the blood. In general, a man who weighs 180 pounds will be at or over the limit after consuming 6 to 7 drinks in a four hour period. A woman who weighs 120 pounds will be at or over the limit after consuming 4 to 5 drinks in a four hour period. (One drink equals one 12 oz. bottle of beer or one oz. of 100 proof liquor.).
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The DWI law also prohibits driving while under the influence of alcohol. A person whose driving ability is impaired by alcohol violates the law even if his or her alcohol concentration is less than .08.
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If a law enforcement officer has probable cause to believe that a driver is violating the DWI law, the officer will request the driver to take a test pursuant to the Implied Consent law. If the test shows an alcohol concentration of .08 or more, the Department of Public Safety will revoke the driver's license for 90 days (or longer if the driver has a prior Implied Consent revocation or DWI conviction). The test result will also be admissible in a prosecution for violating the DWI law. If the driver refuses to take the test, the Department of Public Safety will revoke the license for one year. A refusal is also a gross misdemeanor offense that subjects the driver to criminal penalties.
A driver who is convicted of a DWI charge (first offense) is usually placed on probation for two years on certain conditions. The conditions include payment of a fine (usually in the range of $400 to $600), chemical dependency assessment, completion of an educational or treatment program, attendance at a victim impact panel meeting, and no similar offenses while on probation. Fees are charged for supervision of probation, for the chemical dependency assessment, and for the educational or treatment program.
The driver is not eligible for a limited license (work permit) for 15 days after the revocation becomes effective. After the period of revocation the driver must pass the written test and pay a reinstatement fee of almost $700 in order to reinstate the regular driver's license.
The attorney's fees for legal representation on a misdemeanor DWI (first offense) are typically in the range of $2000 to $3000 if the case is resolved without a trial.
There may also be severe motor vehicle insurance consequences for an Implied Consent revocation or a DWI conviction. In either case the insurance company may place the driver in the assigned risk pool. The insurance rates will double or triple for a period of several years.
An Implied Consent revocation or a DWI conviction is an "aggravating factor" for a subsequent DWI prosecution within 10 years. The driver will be charged with a gross misdemeanor that carries even more severe criminal penalties.
Finally, on a related note, a person who is injured by an intoxicated minor has a cause of action for monetary damages against a social host who provided alcohol to the minor or who allowed the consumption of alcohol by the minor on his property.
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Mike McNabb is an Attorney practicing in the following areas of Minnesota law. Family Law, Divorce, Estate Planning, Wills, Probate, Trusts, Premarital Agreements, Adoption, Real Estate, Business Law, Corporate Law, Criminal Law, and Traffic Violations.
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You can reach Mr. McNabb at 952-894-9812 or visit his web site at http://www.minn-law.net