| Anoka County Attorney Training Update
July 2000 |
DWI LAW CHANGES
This past year, the Minnesota Legislature enacted new DWI laws. The new laws include re-naming DWI crimes to ADriving While Impaired@ and restructuring the different levels of driving while impaired crimes. In trying to understand the new laws, keep in mind that essentially no new substantive changes were made to the law and the prohibited conduct of driving while intoxicated and the elements to those crimes basically remain the same. These new ADriving While Impaired@ laws are effective August 1st, 2000. Below, please find a brief outline of these new important changes in the law. THIS UPDATE DOES NOT CONTAIN ALL CHANGES. For a complete understanding of the new laws, refer to Minnesota Statutes 169A or the AMinnesota Criminal Elements Handbook@ Ninth Edition, August 2000, available through the Minnesota County Attorney=s Association, (651) 641-1600.
The New
ADriving While Impaired@ Laws:The crimes of DWI are now called ADriving While Impaired@and are grouped into three categories: Third Degree Driving While Impaired (misdemeanor); Second Degree Driving While Impaired (gross misdemeanor); and First Degree Driving While Impaired, (gross misdemeanor).
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THIRD DEGREE DRIVING WHILE IMPAIRED@Minn. Stat. 169A.20, Subd. 1; 169A.27
(Misdemeanor)
No person shall drive, operate, or be in physical control of any motor vehicle within this state or on any boundary water of this state when:
1. the person is under the influence of alcohol or of controlled substance; or
2. 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. the person=s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.10 or more, or
5. the person=s body contains any amount of controlled substance listed in Schedule I or II other than marijuana or tetrahydrocannabinols.
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SECOND DEGREE DRIVING WHILE IMPAIRED@Minn.Stat. 169A.20, Subd. 1; 169A.26
(Gross Misdemeanor)
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Second Degree Driving While Impaired@ is the same crime as AThird Degree Driving While Impaired,@ WITH THE ADDITION, HOWEVER, of there being one AAggravating Factor@ present when the violation was committed.A
Aggravating Factor@ is defined as including:1. A qualified prior impaired driving incident within the ten years immediately preceding the current offense; A Aqualified prior impaired driving incident@ includes prior impaired driving convictions and prior impaired driving-related losses of license, similar to priors under the old DWI laws; (See M.S. 169A.03 subd. 22.)
2. Having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the offense;
3. Having a child under the age of 16 in the vehicle at the time of the offense if the child is more than 36 months younger than the offender.
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FIRST DEGREE DRIVING WHILE IMPAIRED@Minn.Stat. 169A.20, Subd. 1; 169A.27
(Gross Misdemeanor)
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First Degree Driving While Impaired@ is the same crime as ASecond Degree Driving While Impaired,@ WITH THE ADDITION, HOWEVER, of there being TWO OR MORE AAggravating Factors@ present when the violation was committed.Sean Gibbs, Assistant Anoka County Attorney
The Anoka County Attorney Training Updates are published and distributed monthly as a public service to more than 350 Minnesota law enforcement agencies and individuals. Any questions, comments or suggestions on training topics should be directed to Sean C. Gibbs, Assistant Anoka County Attorney at 612-323-5632 or e-mail SCGibbs@Co.Anoka.MN.US or Nancy Jones Norman, Assistant Anoka County Attorney at 612-323-5626 or e-mail at NJNorman@Co.Anoka.MN.US, Government Center, 2100 Third Avenue, Anoka, MN 55303-2265.