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The DWI Stop

Minn. Stat. 169A.20 — under the influence, or 0.08 within two hours of driving

  • Under the influence of alcohol, a controlled substance, or cannabis products.
  • Under the influence of an intoxicating substance the person knows or has reason to know can cause impairment.
  • An alcohol concentration of 0.08 or more at the time, or as measured within two hours, of driving.
  • 0.04 or more in a commercial motor vehicle.
  • Any amount of a Schedule I or II controlled substance or its metabolite, other than cannabis products.
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It is a crime in Minnesota to drive, operate or be in physical control of a motor vehicle in any of those conditions. A violation without the aggravating factors of the higher degrees is fourth-degree driving while impaired, a misdemeanor.

Refusing the test is its own crime. Refusing a breath test under the implied consent law, or a blood or urine test required by a search warrant, is a crime. When the officer certifies probable cause of impaired driving and a refusal, the commissioner revokes the license.

Every driver in the state consents to a chemical test of blood, breath or urine at a peace officer's direction when the officer has probable cause to believe the person drove while impaired and one of the listed conditions exists. A blood or urine test may be done only under a search warrant or a recognized exception to the warrant requirement.

A refusal to submit to an alcohol concentration test is not obstructing legal process unless force or violence, or a threat of it, came with it.

Sources for this section (4)
  1. Minn. Stat. 169A.20 — Driving while impaired
  2. Minn. Stat. 169A.27 — Fourth-degree driving while impaired
  3. Minn. Stat. 169A.51 — Chemical tests for intoxication
  4. Minn. Stat. 169A.52 — Test refusal or failure; license revocation

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.

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