D.U.I. and out-of-State Drivers

Minnesota is a vacationers’ paradise thanks to its over 10,000 lakes. As such, in some seasons, you will have many out-of-state drivers on the road. Often, vacationing and drinking go together, and while most people know better than getting behind the wheel when intoxicated, you still have a chance of catching a few.

Minnesota DUI laws apply to its residents and out-of-state drivers. Also, your arrest in Minnesota can affect your driving privileges in your home state. This is why hiring a good Minnesota criminal defense lawyer, like attorney Omeed Berenjian, is always advised in such situations. Meanwhile, this guide delves into DUI and out-of-state drivers in Minnesota and has everything you may need to know in the event of an arrest. 

Minnesota DUI Policies

All states follow the federal 0.08 BAC limits for drivers with the exemption of Utah, whose limit is 0.05 BAC. It takes three to four servings of alcohol within an hour for an average adult to hit the 0.08 BAC limit. 

It’s important to note that DUI goes beyond alcohol consumption. You can also be charged with a DUI for using illegal drugs or over-the-counter medications that impair you. Testing for other substances is more complicated, which is why most DUI charges involve alcohol.

Also, it is important to note that you can be charged with a DUI if you are visibly impaired, even when your Blood Alcohol Content (BAC) may be lower than the legal limit. Law enforcement can arrest you while under the legal limit if you fail the sobriety field test or are exhibiting impaired driving behavior, such as problems staying on the road and erratic braking and speeding. You may also be arrested if the suspect has multiple substance intoxication. 

Testing for DUI

All states, including Minnesota, have some version of implied consent in regard to DUI testing. By getting a driver’s license, you consent to chemical testing upon a DUI arrest. You have a right to refuse the test, but refusal to take the test won’t get you off the hook. In fact, it can make the problem worse for you. The best approach is to have a lawyer guide you in deciding. 

DUI Policies for Out-Of-State Drivers

The same rules and approaches apply to local and out-of-state drivers. However, for out-of-state drivers, the Interstate Driver’s Licensing Compact (IDLC)  comes into play. The IDLC is a contract between states that obligates signatory states to honor DUI license suspensions in states where an offender is convicted. 

Signatory states are also required to report all DUI arrests to other states. This means that if a California resident is arrested for DUI in Minnesota and consequently has their license suspended under Minnesota law, California must honor the suspension by suspending the affected driver’s license. 

Drivers’ Licensing Agreement (DLA)

DLA is the new contract currently replacing the IDLC. This contract seeks to address the loopholes left by the IDLC by imposing stricter regulations on member states regarding reporting and upholding license suspensions. Under the IDLC, member states are not obligated to enforce a license suspension if the underlying offense doesn’t warrant such punishment under the state’s criminal law. However, under DLA, member states must enforce suspensions regardless of what their laws state.

Conclusion

A DUI conviction can greatly impact an individual’s life, from the extreme safety risks and the potential for injury or death to the fines, legal consequences, and more. Hence, it’s always better to avoid driving when inebriated. However, if you find yourself facing such charges in the state where you were arrested, the best course of action would be to hire a reputed local criminal defense lawyer. Always pay attention to the experience and success rates of the lawyer you decide to go with and seek an initial consultation, as the outcome of your case will only ever be as good as your lawyer is.

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