Minnesota Law

Note: This is not a complete listing.


Driving While Intoxicated

Minnesota's driving while intoxicated law stipulates that it is a crime to drive, operate, or be in physical control of any motor vehicle anywhere in the state while under the influence of alcohol, a controlled substance, or an intoxicating substance (when the person knows, or has reason to know, that the substance has the capacity to cause impairment), or any combination of these; having an alcohol concentration (AC) of .08 or more at the time or within two hours of doing so; having any amount or the metabolites of a schedule I or II controlled substance, other than marijuana, in the body. 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.

Source: An Overview of Minnesota’s DWI Laws


Implied Consent

A person who drives, operates, or is in control of any type of motor vehicle anywhere in the state consents to a chemical test of breath, blood, or urine for the purpose of determining the presence of alcohol or controlled or intoxicating substances in the person’s body.

Possession or Consumption by Persons Under the Age of 21

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

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

A person is not subject to prosecution if the 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, provided that the person who initiates contact is the first person to make such a report, provides a name and contact information, remains on the scene until assistance arrives, and cooperates with the authorities at the scene.

Consent for Sexual Activity

Per Minnesota State/MSU's 1B.3 Sexual Violence Policy - Consent is informed, freely given and mutually understood. If coercion, intimidation, threats and or physical force are used, there is no consent. If someone is mentally or physically incapacitated or impaired—including from drug or alcohol consumption—and doesn't understand the situation, there is no consent. Silence does not necessarily constitute consent.

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.