Minnesota Law

Page address: http://www.mnsu.edu/druginfo/mnlaw.html

This is not a complete listing.


It is a crime for any person to drive, operate, or be in physical control of a motor vehicle within this state or upon the water or ice of any boundary water of this state, while the person is under the influence of alcohol, a controlled or hazardous substance, or a combination of the two, or the person has an "alcohol concentration" of 0.08 or more. If a person under age 21 consumes any amount of alcohol and drives any motor vehicle, a mandatory loss of drivers license will follow along with any other relevant penalties.


Driving with an alcohol concentration of .04 or more is relevant evidence of whether or not the person is under the influence of alcohol and therefore subject to arrest.

Implied Consent

By driving a motor vehicle in this state, a person agrees to submit to testing for intoxication.

Possession or Consumption by Persons Under the Age of 21

It is unlawful for any person under the age of 21 years to possess any alcoholic beverage with the intent to consume or actually consume it at any place other than the household of person's parent or guardian and with their supervision.

Underage possession or consumption immunity provided for a person seeking assistance for another

Chapter 112 (HF 946*/SF 744) adds a subdivision to Minn. Stat. § 340A.503, the law pertaining to underage possession and consumption of alcohol. It provides that if a person contacts a 911 operator to report that the person or another person is in need of medical assistance for an immediate health or safety concern, the person is not subject to prosecution under this law. The immunity applies if the person is the first person who initiates contact. The person must also provide a name and contact information, remain on the scene until assistance arrives, and cooperate with the authorities at the scene. The person who receives medical assistance is also immune from prosecution. The law also applies to one or two persons acting in concert with the person initiating contact provided that all the same requirements are met. Effective Aug. 1, 2013.

Consent for Sexual Activity

A person under the influence of any amount of an intoxicating substance including alcohol, marijuana, narcotics, or other substances, whether ingestion of the substance is known or unknown, cannot give legal consent for sexual activity. Sexual activity is defined as oral, anal, or vaginal penetration, or contact or near contact of breasts or genitals.

Misrepresentation of Age

It is unlawful for any person under the age of 21 years to claim to be 21 years old or older for the purpose of purchasing alcoholic beverages.

Furnishing Alcohol to Persons Under 21

It is unlawful to sell, barter, furnish or give alcoholic beverages to persons under 21. People who are injured by an underage drinker may sue adults who supplied alcohol to the underage drinker.