Viewpoint: How much is too much for a DWI?
"What a party," you think as you drive yourself home. Suddenly the night sky is filled with flashing red and blue lights and you worry that you may be in trouble. Did you drink too much to be driving legally?
DWI law confuses a lot of people. The name itself is confusing. DWI is sometimes called DUI. But in Minnesota the acronyms DWI (meaning "driving while intoxicated") and DUI (meaning "driving while under the influence") are used interchangeably. Each refers to the laws that prohibit someone from driving, operating, or being in physical control of a motor vehicle when they have had too much alcohol to drink.
How do you know how much alcohol is too much?
Generally speaking, the legal limit in Minnesota is 0.08. That number refers to the concentration of alcohol that is measured in a statutorily prescribed amount of a person's blood, breath, or urine. Our laws conclude that people cannot safely operate motor vehicles with an alcohol concentration of .08 or more. Our law says that driving in such a condition constitutes an illegal danger to the public.
Further, as there is a time lag for alcohol to be fully absorbed into - or dissipated from - a person's body it is also illegal to test at .08 or more within two hours of the time of driving.
That's not the end though. Even if you didn't drink enough to score .08 or more, you can still be prosecuted for DWI because it is also illegal to operate a motor vehicle if the alcohol you consumed, regardless of the amount, is affecting your abilities.
There is a jury instruction that is sometimes used in DWI trials that says a person has had too much to drink if they "do not have the clearness of intellect and control of themselves as they would have if they had not consumed any alcohol."
That is a pretty tough standard. It is also part of the reason why police officers ask drivers to perform what are known as "field sobriety tests." These roadside tests like reciting the ABC's, standing on one foot, walking a straight line, or touching your finger to your nose are designed to see if the person has a satisfactory clearness of intellect and control of themself.
Because of these various methods of defining which driving conduct is illegal, many are surprised to find out that a DWI frequently results in three separate criminal charges: Driving under the influence of alcohol, driving with an alcohol concentration of 0.08 or more, and testing at 0.08 or more within two hours of driving. Each is a separate criminal charge. A person found guilty of any of the three ends up with a DWI on their record.
All of this reveals that the law takes drinking and driving very seriously. Minnesota law reflects the public sentiment that there should be significant efforts taken to discourage people from driving when they have had too much to drink.
Judge Gregory Galler is chambered in Washington County