Driving while impaired: what is it?

By: Nicholas Pouladian - Staff Attorney (Community Defense Program)
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Driving While Impaired (DWI), also referred to as Driving Under the Influence (DUI) is a crime in Minnesota. What often comes to mind for DWI/DUI is an incredibly intoxicated driver, swerving all over the road, causing accidents, or even injuring themselves or others. However DWI/DUI laws are much broader than that, and cover a wide variety of driving behavior. Because DWI/DUI law is so broad, and often complex, we will be doing a series of posts about the most common basics of DWI/DUI, from what it is, to what consequences may be, and how best to protect oneself. In this post, we start with the basics:
 
What is DWI/DUI?
Under Minnesota law, there are lots of ways to be charged with DWI/DUI. You can see the whole list here: https://www.revisor.mn.gov/statutes/cite/169A.20. In this blog, the focus will be three of the most common DWI/DUI charges people are faced with:

1. driving, operating, or being in physical control of any motor vehicle with a blood alcohol concentration of 0.08 or greater, as measured within two hours of driving, operating, or being in physical control of the motor vehicle;
2. driving, operating, or being in physical control of any motor vehicle when under the influence of alcohol; and
3. refusing to submit to a chemical breath test, when based upon probable cause to arrest for a DWI/DUI violation.

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