Minnesota Underage Drinking & Driving Attorneys & Lawyers
It is a crime for a person under the age of 21 years to drive, operate or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcohol beverages while there is evidence of consumption present in the person’s body.
This law is sometimes referred to as the “not a drop law” because in Minnesota it is illegal for a person under the age of 21 to consume alcohol. If an underage person drinks and then drives, they may face penalties under Minnesota Statute 169A.33 (the Underage Drinking and Driving Statute) as well as regular DWI penalties.
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Underage Drinking and Driving vs. Regular Driving While Under the Influence
There are numerous differences between underage drinking and driving and regular driving while under the influence of alcohol. Underage drinking and driving convictions are not enhanceable as an aggravating factor for future alcohol related offenses. A first offense conviction is a misdemeanor, with a maximum of 90 days in jail and a $1000.00 fine.
Driver’s License Consequences
Driving privilege consequence for Underage Drinking and Driving are severe. When a person is found to have committed an Underage Drinking and Driving offense, the court will notify the commissioner of public safety of its determination. The commissioner will suspend the person’s driver’s license or operating privileges for 30 days, or for 180 days if the person has previously been found to have violated this law.
In addition, the State will not issue a temporary or provisional driver’s license to a person whose driver’s license was revoked for conviction as a juvenile for Underage Drinking and Driving until that person reaches the age of 18 and (1) completes a formal course of driving instruction, (2) completes an additional three months experience operating a motor vehicle, (3) completes the written examination for a driver’s license with a passing score and (4) complies with other laws for restatement of a provisional driver’s license, as applicable.
In May 2004, a law went into effect referred to as “Vanessa’s Law” in memory of Vanessa Weiss, who was killed in May 2003 just days before her 16th birthday. She was a passenger in a vehicle driven by an unlicensed 15-year-old. Provisions of this law apply to drivers under age 18. Contact a criminal defense attorney at Caplan & Tamburino Law Firm, P.A. to find out more about how license revocation or cancellation may apply to your case.
Contact Caplan & Tamburino Law Firm, P.A.
Our Minnesota DWI Defense Lawyers represent clients throughout Minnesota and Wisconin, including the Twin Cities areas of Minneapolis and St. Paul, Anoka, Andover, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Chanhassen, Chaska, Columbia Heights, Eagan, Eden Prairie, Edina, Elk River, Hudson, Lakeville, Lino Lakes, Maple Grove, Maplewood, Minnetonka, Moundsview, Plymouth, Richfield, Roseville, White Bear Lake and Woodbury. We also represent clients in other parts of the state including Duluth, Rochester, Mankato, St. Cloud, Brainerd, Moorhead and beyond.
Serving statewide in Minnesota and Wisconsin, including Hennepin County, Ramsey County, Dakota County, Washington County, Anoka County, Wright County, Sherburne County, Scott County and Carver County.
Contact the Caplan & Tamburino Law Firm, P.A. by calling 612-436-7040 to schedule a free consultation with an experienced Minneapolis, St Paul, Twin Cities, Minnesota, DWI Lawyer.