Drugged Driving in Minnesota

Drugged Driving in Minnesota: driving under the influence of drugs or marijuana

By
Xavier Martine
,
on
May 11, 2020

Driving under the influence of drugs and marijuana in Minnesota

In Minnesota, you can get a DWI for driving under the influence of alcohol. But do the same laws apply to driving under the influence of drugs or marijuana?

A driver violates a DWI statute if they drive under the influence of alcohol, drugs or a combination of alcohol and drugs. Under Minnesota's DWI law, Minn. Stat. §169A.20, it is a crime to drive, operate, or be in physical control of a motor vehicle anywhere within the state, or upon the ice of any boundary water under any of the following conditions:

A person is under the influence:

1. When the person's alcohol concentration is 0.08% (one-eighth of 1%) or more—the “per se” limit—or when the person's alcohol concentration is 0.08% or more within two hours of the time of driving,operating, or being in physical control of the motor vehicle;

2. When the person's alcohol concentration is 0.04% or more at the time, or within two hours of the time, of driving, operating, or being in physical control of a commercial motor vehicle;

3. When 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; or

4. When the person's body contains any amount of a controlled substance listed in schedule I or II other than marijuana.

Drugs (except marijuana) are “per se” (zero tolerance) illegal in Minnesota. This means it is illegal to have any amount of a schedule I or II drug or its metabolite in the body while operating a motor vehicle. However, for marijuana, mere presence in the body while driving is not in itself a crime. The State also has to prove the driver was “impaired.”

Minnesota also extends its implied consent laws (i.e., to provide a specimen if requested by law enforcement) to drugged driving. In addition, the state provides criminal penalties for a refusal to take a test under the implied consent law.

If you get pulled over and charged with drugged driving, you need an experienced lawyer. Call Martine Law for a free consultation at (612) 208-8076.

Our Blog

Subscribe to our blogs to be the first to know about our latest legal advice.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.