DUI FAQs

WHAT ARE THE CONSEQUENCES IF I REFUSED TO BE TESTED?

Under Minnestoa law, it is now considered a separate crime to “refuse” to submit to a law enforcement
officer’s request for blood alcohol content testing. If you refuse to submit to a test you will also
automatically lose your driver’s license for a period of one year. Contact me to assure that you
protect your legal rights.

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DUI/IMPAIRED DRIVING PENALTIES:

Yes, you will automatically lose your license for a one year period. However, even if you submit
to testing, you may be facing license suspension or revocation if your test results exceed the
state’s prohibited level of .08% BAC or higher. Contact me to assure that your legal rights are protected.

Impaired Driving Penalties and Driver’s License Sanctions
From: Driving Minnesota Toward Zero Deaths
Felony DWI
“If you are arrested for your fourth DWI in a 10-year period, you have previously
been convicted of a felony DWI, or have a prior felony conviction for an
impaired driving related criminal vehicular homicide/injury, you may be charged
with a felony. A fourth offense may result in a loss of license for four years and
until rehabilitation and other reinstatement requirements are met. The criminal
penalties for felony DWI are up to seven years in prison with a 5-year
conditional release to follow and a $14,000 fine.” 
Criminal Vehicular Operations
Degree
Arrest
Criminal
Penalties
Driver’s
License
Sanctions
Manslaughter/Death to an unborn child  Felony 10 years in prison and/or $20,000 fine  Immediate 1-year suspension and 15-year revocation for conviction 
Any other fatal Felony 10 years in prison and/or $3,000 fine  Immediate 1-year suspension and 10-year revocation 
Great bodily harm/ Injury to unborn child  Felony 5 years in prison and/or $10,000 fine Immediate 1-year suspension and 5-year revocation
Substantial bodily harm  Felony 3 years in prison and/or $10,000 fine  Immediate 1-year suspension and 3-year revocation 
Bodily harm Gross Misdemeanor  1 year in prison and/or $3,000 fine  1-year revocation
Minnesota Department of Public Safety. (September 2006). Impaired_Driving_PenalitiesBro. Retrieved December 12, 2008 from
http://www.dps.state.mn.us/dvs/DriverLicense/Impaired_Driving_PenalitiesBro.pdf

For additional penalty information please visit the full pdf at:
http://www.dps.state.mn.us/dvs/DriverLicense/Impaired_Driving_PenalitiesBro.pdf

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HOW IS BLOOD ALCOHOL CONTENT(BAC) CALCULATED?

How To Calculate Your Estimated Blood Alcohol Content (BAC)
Showing estimated percent of alcohol in the blood by number of drinks in relation to body weight. This percent can be estimated by:

1. Count your drinks (1 drink equals 1 ounce of 100-proof liquor, one five ounce glass of table wine or one 12-ounce bottle of regular beer).

2. Use the chart below and under number of “drinks” and opposite “body weight” find the percent of blood alcohol listed.

3. Subtract from this number the percent of alcohol “burned up” during the time elapsed since your first drink. This figure is .015% per hour. (Example: 180 lb. man – 8 drinks in 4 hours / .167% minus (.015×4) = .107 %

Body weight
1
2
3
4
5
6
7
8
9
10

100 lb.

.038 .075 .113 .150 .188 .225 .263 .300 .338 .375
110 lb. .034 .066 .103 .137 .172 .207 .241 .275 .309 .344
120 lb. .031 .063 .094 .125 .156 .188 .219 .250 .281 .313
130 lb. .029 .058 .087 .116 .145 .174 .203 .232 .261 .290
140 lb. .027 .054 .080 .107 .134 .161 .188 .214 .241 .268
150 lb. .268 .050 .075 .100 .125 .151 .176 .201 .226 .251
160 lb. .023 .047 .070 .094 .117 .141 .164 .188 .211 .234
170 lb. .022 .045 .066 .088 .110 .132 .155 .178 .200 .221
180 lb. .021 .042 .063 .083 .104 .125 .146 .167 .188 .208
190 lb. .020 .040 .059 .079 .099 .119 .138 .158 .179 .198
200 lb. .019 .038 .056 .075 .094 .113 .131 .150 .169 .188
210 lb. .018 .036 .053 .071 .090 .107 .125 .143 .161 .179
220 lb. .017 .034 .051 .068 .085 .102 .119 .136 .153 .170
230 lb. .016 .032 .049 .065 .081 .098 .115 .130 .147 .163
240 lb. .016 .031 .047 .063 .078 .094 .109 .125 .141 .156

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