Driving While Impaired with 0.20 BAC or Above

Driving while impaired is a serious criminal offense in Dakota County and throughout the state of Minnesota at large. Not only does an impaired driver put himself and others at risk of being harmed, he or she also subjects themselves to heavy penalties including; a hefty fine, court costs, the suspension of their driver’s license, and possibly even a jail sentence.

It is crucial to have an experienced DWI attorney review your arrest and all relevant evidence involved in your legal matter to help establish a viable defense.

Dakota County DWI Attorney

If you have been arrested for driving while impaired, it is in your best interest to contact a Dakota County criminal defense attorney with several years of experience handling these all types of DWI matters, including DWI with Controlled Substances, Underage DWI, and Boating While Impaired.

Attorney James Blumberg of James Blumberg Law has successfully represented individuals faced with DWI charges throughout Dakota County, including Eagan, Burnsville, Apple Valley, and Lakeville.

Contact us at James Blumberg Law at (952) 431-7758 to schedule your free initial consultation with a seasoned Apple Valley DWI criminal defense attorney so we can review your case and begin preserving your rights.

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What is a DWI in Dakota County, MN?


Under Minnesota Statute Section 169A.20, a person can be charged with the crime of DWI, formally known as driving while impaired, if they drive, operate, or are in physical control of any motor vehicle within the state when:

  • The person is under the influence of alcohol,
  • The person is under the influence of a controlled substance,
  • The person is knowingly under the influence of a hazardous substance that affects the nervous system, brain, or muscles of the person so as to substantially impair the person’s ability to drive or operate the motor vehicle,
  • The person is under the influence of a combination alcohol, controlled substances, or both,
  • The person’s alcohol concentration at the time, or as measured within two hours of the time, or driving, operating, or being in physical control of the motor vehicle is 0.08 or more, or
  • The person’s body contained any amount of a controlled substance listed in Schedule I or II, other than marijuana or tetrahydroconnabinols.

In order to be convicted of DWI with a BAC of 0.20 or Above in Minnesota, the prosecution must prove the following elements beyond a reasonable doubt:

  • The defendant was driving, operating, or in physical control of the motor vehicle within the state of Minnesota,
  • The defendant was under the influence of alcohol, and
  • The defendant’s blood alcohol concentration (BAC) measured 0.20 or above within two hours of the offense.

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What are the Penalties for DWI in Apple Valley, MN?

Minnesota Statute 169A.26 states a person who violates Minnesota law by driving while intoxicated is guilty of third-degree DWI if one aggravating factor was present when the violation was committed.

Under Minnesota law, an “aggravating factors” includes:

  • Having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense

As such, a person that is arrested for DWI and is found to have a blood-alcohol concentration, or BAC, of 0.16 or more within two hours of the offense will be charged with a third-degree DWI.

A third-degree DWI is considered a gross misdemeanor under Minnesota law and could impose the following penalties:

  • Up to 12 months in prison, and
  • Up to a $3,000 fine

DPS Administrative Penalties

When a person is arrested for DWI in Minnesota, certain penalties are imposed by the Department of Public Safety regardless of any outcome reached in court. These are known as administrative penalties.

The administrative penalties for a person arrested for DWI and found to have had a BAC of 0.16 or above are:

  • Driver’s license suspended for up to 12 months, or
  • 12 months of restricted driving with an ignition interlock system installed on the vehicle.

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What Factors Affect a Person’s BAC?

Although a person may not feel intoxicated, their BAC can not be merely estimated nor guessed with any degree of certainty. This is because many factors and circumstances affect blood alcohol concentration levels in each individual person. Some of these factors include but are not limited to:

  • Body weight,
  • Alcohol concentration,
  • Size of drink consumed,
  • Gender,
  • Medications,
  • Amount of food in stomach,
  • Alcohol Tolerance, and
  • Speed the person was drinking

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Minnesota DWI Resources:

Minnesota Department of Public Safety – Visit this website for more information regarding administrative penalties, including, driver’s license suspensions, ignition interlock devices, and the driver’s license reinstatement process.

Alcoholics Anonymous Minnesota – Visit this website to access resources readily available in Minnesota by the Greater Minneapolis Intergroup of Alcoholics Anonymous including, group therapy, statistics, and one on one counseling.

James Blumberg Law – A DWI Attorney in Apple Valley, Minnesota

If you have been arrested for DWI in Dakota County, Minnesota, and have not acquired legal counsel, you need to do so immediately to help prevent the collateral damage that could result.

James Blumberg Law is an experienced DWI attorney and represents individuals throughout Dakota County, including Eagan, Burnsville, Apple Valley, and Lakeville.

Contact James Blumberg Law at (952) 431-7758 to schedule your confidential consultation and discuss your legal options.

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