When can I be arrested for driving under the influence?

First, it is important to note that not everyone who is arrested will spend the night in jail.  Sometimes a person will be released after being arrested .  You will be arrested for a DWI if the officer can show probable cause for intoxicated driving. (Minn. Stat. § 169A.40).

You will spend at least one night in jail if any of the following circumstances of your DWI arrest are present:

• You are being arrested for your fourth or more DWI in a 10-year period (Minn. Stat. § 169A.24 subd. 1(1));
• You have a prior felony DWI conviction (Minn. Stat. § 169A.24 subd. 1(2));
• You have a blood alcohol content at or above .16;
• You have a kid in the car who is under the age of 16 and he/she is three or more years younger than you;
• You refuse to take the test at the police station to determine your blood alcohol content; or if
• Your license is cancelled as inimical to public safety (Minn. Stat. § 171.04 subd. 1(10)).

You MAY spend the night in jail if:

• You had a prior DWI in the past 10 years.
• You are driving a school or Head-Start bus. (Minn. Stat. § 169A.31).
• You are under twenty-one years old. (Minn. Stat. § 169A.33).

What happens if I’m underage?

For underage drinking and driving, physical evidence of alcohol in the body is sufficient for a misdemeanor, even with no signs of impairment. (Minn. Stat. § 169A.33). If you are under nineteen, you will be arrested if you refuse a chemical test, have a passenger three years younger than you, or have a .20 or higher blood alcohol content at or within two hours of the offense.

What should I do if I’m taken into custody?

If you are taken into custody, you should call an attorney to discuss your rights and whether you should take a test.