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Elements of a DUI in Minnesota

It is a crime for anyone to drive, operate or be in physical control of a motor vehicle if they are under the influence of alcohol, a controlled substance, to be under the influence of a hazardous substance (i.e. affects the nervous system, brain or muscles) that hinders the person’s ability to drive or operate the motor vehicle or to be under the influence of any combination of two or more of the aforementioned substances when the person’s alcohol concentration within two hours of driving, operating or being in physical control of the motor vehicle is 0.08 or above.   If the person is driving, operating or is in physical control of a commercial motor vehicle then the alcohol concentration limit is 0.04 or above.  As for the controlled or hazardous substance listed in schedule I or II or its metabolite (other than marijuana or tetrahydrocannabinols any amount in the person’s body while driving, operating or being in physical control is illegal.   It is illegal to drive under the influence on the highways and anywhere else in Minnesota, including private roads.

Besides driving under the influence, it is also illegal to refuse to submit to a drug/alcohol test (for urine, blood or breath).

A conviction under a complaint charging a defendant with being intoxicated in a public place under a municipal ordinance does not bar a complaint charging a defendant with driving an automobile under the influence in violation of a state statute.


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