Ask a Trooper:

[Lee Borgersen]

 
             Ask a Trooper: 





Ask a Trooper: What are legal ramifications of DWI with a child in the vehicle? 
By Sgt. Neil Dickenson, Minnesota State Patrol on Jan 10, 2016







Q: What are the legal ramifications if someone is stopped for drinking with a child in a vehicle?





A: If a driver is arrested for "driving under the influence of alcohol or drugs" and has a child in the vehicle it would enhance the violation. Child endangerment involves a child younger than 16 years old and more than than 36 months younger than offender.






 

•First offense DWI under a 0.16 percent blood-alcohol content: 90 days in jail and/or $1,000 fine.
•First offense DWI under a 0.16 with a child: one year in jail and/or $3,000 fine.
•First offense DWI over a 0.16: one year in jail and/or $3,000 fine.
•First offense DWI over a 0.16 with a child: one year in jail and/or $3,000 fine and vehicle forfeiture.


Minnesota's enhanced DWI enforcement and education efforts have been factors in the continued reduction of alcohol-related deaths. Still, impaired driving remains a serious threat. In the past five years (2010-14), there were 47 drunken-driving-related deaths in Minnesota, and 88 people were killed in drunken-driving-related crashes in 2014 alone. In addition, each year 28,000 people are arrested in Minnesota for DWI with 1 in 7 Minnesota drivers having a DWI on their record.

DWI applies to all vehicles, including cars, trucks, boats, motorcycles, snowmobiles, ATVs, riding lawn mowers and golf carts.

Subsequent DWI/DUI and impaired driving offenses will result in longer potential jail time, higher fines, longer driver's license suspensions and harsher penalties.


For a complete list of the criminal and administrative penalties you may face for subsequent DWIs, visit the Minnesota Department of Public Safety website at dps.mn.gov/divisions/ots/laws/Pages/impaired-driving.aspx.

To help prevent impaired driving:
•Plan for a safe ride—designate a sober driver, use a cab/public transportation or stay at the location of the celebration.
•Offer to be a designated driver or be available to pick up a loved one anytime, anywhere.

Buckle up — the best defense against a drunken driver.
•Report drunken driving — call 911 when witnessing impaired driving behavior. Be prepared to provide location, license plate number and observed dangerous behavior.


[attachment deleted by admin]