Penalties for minor while driving

[mndam11]

Hello, I have been searching all over the internet for what penalties may occur for a minor while driving. The BAC of the incident was .07 with an 18 year old. I have not been able to find the penalties for this. All I have been able to find is the ways you are guilty for it ect. Im assuming a fine, probation, maybe some alchohol classes, and license suspension. I would really like to know the amounts ect of these things that may occur. Any info would be much appreciated. Thank you

 

[mndam11]

Sorry I forgot to mention that this is in the state of MN.

 

[Happy Trails]

Is this a homework assignment or did this actually happen?

If this actually happened, what was the minor cited for?

 

[mndam11]

This actually happened. I was driving to meet my friends brother to give me a ride home. He didnt know where i was at so i meet was gonna meet him a mile away, in which i didnt have to drive any faster than 30mph. I got pulled over a block before the place i was meeting him at for my license plate light being out. The officer asked us where we were going and my passenger freaked out and tried to explain(dumbass) and then the cop then knew he was intoxicated and then just assumed i was i think cause he asked me to step out and he instantly took me to his car and gave me a breath test. He also seemed convinced that i was high and had marijuana, which i didnt and have never done. I told him that and still didnt believe me so he called for backup. They had a dog sniff my car with no results, so we headed the the police station where he insisted that i took a piss test... I did and ended up with .07 bac, and of coarse no traces of drugs(dont even know if they check for that, or if thats the reason he insisted me taking a piss test). I am being charged with a Minor while driving, it says something like "Under 21 not a drop yoa", i dont have my ticket handy cause im at college right now and the ticket is at home. Sorry i didnt explain all this before i was really tired, and sorry for all the mistakes im making while posting this(it is my first and last). I have no previous record of any sorts, driving, ect. I am just curious on the things that may happen to me. My family was also going on a vacation to Mexico in March and my court date is on Feb 14. Will i be able to go on that?

 

[mndam11]

Oh and i wasnt sure if i should post this in here(juvenile law) or the dui/dwi forum. So sorry if i should have posted it there just tell me.

 

[Happy Trails]

This actually happened. I was driving to meet my friends brother to give me a ride home. He didnt know where i was at so i meet was gonna meet him a mile away, in which i didnt have to drive any faster than 30mph. I got pulled over a block before the place i was meeting him at for my license plate light being out. The officer asked us where we were going and my passenger freaked out and tried to explain(dumbass) and then the cop then knew he was intoxicated and then just assumed i was i think cause he asked me to step out and he instantly took me to his car and gave me a breath test. He also seemed convinced that i was high and had marijuana, which i didnt and have never done. I told him that and still didnt believe me so he called for backup. They had a dog sniff my car with no results, so we headed the the police station where he insisted that i took a piss test... I did and ended up with .07 bac, and of coarse no traces of drugs(dont even know if they check for that, or if thats the reason he insisted me taking a piss test). I am being charged with a Minor while driving, it says something like "Under 21 not a drop yoa", i dont have my ticket handy cause im at college right now and the ticket is at home. Sorry i didnt explain all this before i was really tired, and sorry for all the mistakes im making while posting this(it is my first and last). I have no previous record of any sorts, driving, ect. I am just curious on the things that may happen to me. My family was also going on a vacation to Mexico in March and my court date is on Feb 14. Will i be able to go on that?

I can't give you an answer as to whether you will be allowed to go on the trip.

From MN statutes:
§169A.27

A fourth degree DWI is charged if there are no aggravating factors. That means no prior DWI or DWI related license revocations. Additionally the driver cannot have a blood alcohol concentration in excess of twice the legal limit (.20) or have refused to take a test to determine that blood alcohol content.

A fourth degree offense is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine.

----------

A DWI may have civil penalties in addition to the criminal penalties. Civil penalties included license revocations. Minnesota Statutes empower the Commissioner of Public Safety to revoke the person's license or permit to drive, or nonresident operating privilege as follows:

For a period of 30 to 90 days for a first offense with a blood alcohol concentration less than .20;
For six months if the driver is under the age of 21 years;
For 180 days if the driver has had a qualified prior impaired driving incident within the previous ten years;
For 180 days for a first offense with a blood alcohol concentration .20 or greater
For 360 days if the driver has had a qualified prior impaired driving incident within the previous ten years and the blood alcohol concentration of the current offense is.20 or greater.

-----------

To reinstate your driving privileges, you will have to jump through a number of administrative hoops. You will be required to pay additional fees on top of any fines you may have received in the criminal case. To reinstate your driving privileges you must:

Written Test. You must pass a written test that has specific DWI related questions. The Minnesota DWI test is based on Chapter 4 of the Minnesota Driver's Manual. You should obtain a copy of this manual for review before taking the test.

There is a reinstatement fee of $1,000.00 as of August 1, 2005. This fee is periodically increased.
Application. You must also fill out an application to reinstate your license and pay another $18.50 as a reapplication fee.
In addition to the requirements above, persons with multiple DWI offenses may be required to comply with additional conditions including attendance at a DWI seminar, providing documentation of AA attendance, completing treatment and after care programs, and remaining abstinent from alcohol for more than a year.

 

[mndam11]

Ok thank you very much but im not getting charged with a dui. They initially tried to but that charge was dropped and i am getting the minor while driving charge. Since im under 21 i can not have a drop of alchohol in my system while driving. If i were over 21 there would not be a case against me.

 

[Happy Trails]

Ok thank you very much but im not getting charged with a dui. They initially tried to but that charge was dropped and i am getting the minor while driving charge. Since im under 21 i can not have a drop of alchohol in my system while driving. If i were over 21 there would not be a case against me.

Okay, that's why I asked for the code, that can make things so much easier.

169A.33 Underage drinking and driving.

Subdivision 1. Definition. As used in this section, "motor vehicle" does not include motorboats in operation or off-road recreational vehicles.

Subd. 2. Crime described. 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 alcoholic beverages while there is physical evidence of the consumption present in the person's body.

Subd. 3. Criminal penalty. A person who violates
subdivision 2 is guilty of a misdemeanor.

Subd. 4. Administrative penalty. When a person is found to have committed an offense under subdivision 2, the court shall notify the commissioner of its determination. Upon receipt of the court's determination, the commissioner shall 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 subdivision 2 or a statute or ordinance in conformity with it.

Subd. 5. Exception. If the person's conduct violates
section 169A.20 (driving while impaired) or 169A.31 (alcohol-related school bus or Head Start bus driving), the penalties and license sanctions in those laws or section 169A.54 (impaired driving convictions and adjudications; administrative penalties) apply instead of the license sanction in subdivision 4.

Subd. 6. Jurisdiction. An offense under subdivision 2 may be prosecuted either in the jurisdiction where consumption occurs or the jurisdiction where evidence of consumption is observed.

 

[mndam11]

Ok thank you very much. Sorry i didnt know what the code was because i dont have my ticket here. Thank you again for looking it up. And sorry to ask again but what are the odds that i will be able to go on the trip to mexico?

 

[Happy Trails]

Ok thank you very much. Sorry i didnt know what the code was because i dont have my ticket here. Thank you again for looking it up. And sorry to ask again but what are the odds that i will be able to go on the trip to mexico?

I'm sorry, but no one can answer that.

We don't know how the charges against you will play out.

 

[mndam11]

Hey thanks for all the help though it is much appretiated

 

[mufc22]

what ended up happening with your penalties and everything? I just received one of these and can't find what is going to happen besides the 30 day suspension.

 

[Antigone*]

what ended up happening with your penalties and everything? I just received one of these and can't find what is going to happen besides the 30 day suspension.

Please do not necropost

 

[diabloballer]

i also recieved a dwi in MN about a month ago. i blew a .13. i have not recieved a court date or what i am being charged with yet but i talked to a lawyer and he said i will probably be looking at probation till im 19, classes, suspension of license for a year maybe more, and a big fine. however u were bellow the legal limit so im assuming your penalties will differ.

 

[mufc22]

anybody know what will happen for my job outlook for being a teacher since I'm going to school to be one and I got this minor while driving?