New Minnesota DWI Law Requires In-Car Breathalyzers

Several bills passed during the 2010 and 2011 state legislative sessions will took effect in Minnesota on July 1. One of those laws changed the procedure that allows some DWI offenders to get back behind the wheel.

Under the new law, repeat DWI offenders and first-time offenders whose blood-alcohol concentration is at least double the legal limit, which is .08, will have to use an ignition interlock device to drive legally in the state. The law, sponsored by former Rep. Karla Bigham (DFL-Cottage Grove) and former Sen. Steve Murphy (DFL-Red Wing), is a statewide expansion of a successful pilot program already in place in Hennepin county. 

An ignition interlock device is a breathalyzer installed on a motor vehicle's dashboard that tests a driver's blood-alcohol concentration before the vehicle's motor can be started. If a driver’s breath exceeds a preset breath-alcohol content limit, which will be 0.02, the car won’t start. Also, once the engine has been started, the IID will randomly require another breath sample, preventing a friend or relative from breathing into the device to enable the intoxicated person to get behind the wheel and drive away. If a driver fails a test, the vehicle will not operate. 

Under the law, first-time offenders whose alcohol concentration is below twice the legal limit will have a choice of getting a limited license, as is current law, or getting full driving privileges restored, provided they use the ignition interlock device.

According to a statement from the Minnesota House of Representatives, the goal of the new law is "keeping people who drink and drive off state roadways.”

Alcohol-related crashes account for approximately one-third of all state traffic deaths each year. The 131 alcohol-related deaths in 2010 is a drop from the 141 in 2009 and the lowest count since 1984, when this statistic was first measured. And the Minnesota Department of Public Safety (DPS) Office of Traffic Safety attributes some of this drop to the ignition interlock system. 

Under the new law, it would be a misdemeanor penalty to tamper with the device or to breathe into the device in place of the driver.

A B-Card is issued to a multiple-DWI offender who wants to keep driving and pledges not to drink any alcohol. A no-alcohol restriction is visible on the card. The law permits a holder of a B-Card to apply to have the no-alcohol restriction removed from his driving record if the person has not violated the abstinence condition for the past 10 years.

The legal blood-alcohol concentration limit for drivers in Minnesota is .08. It is always illegal to drive with a blood-alcohol concentration level of .08 or above. Motorists can be arrested under .08 if they demonstrate impaired driving behavior. If a motorist’s alcohol-concentration is at .08 or higher, it is a criminal offense with penalties ranging from misdemeanor to felony. It is also a violation of civil law that triggers automatic driver license revocation for up to a year.

Impaired driving is still a factor in one-third of all deaths, matching historical trends. Last year, 29,918 motorists were arrested for DWI, a 9 percent decrease from 2009 (32,756). One in seven Minnesota drivers has a DWI.