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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."
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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 |
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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 (.015x4) = .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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