Question: What are the legal ramifications if someone is arrested for DWI with a child in a vehicle?
Answer: If the child is less than 16 years of age and is greater than 36 months younger than the driver, the DWI the violation would be enhanced to include Child Endangerment.
• First offense DWI under a 0.16: 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.
• 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, please visit the Minnesota Department of Public Safety (DPS) website: https://dps.mn.gov/divisions/ots/laws/Pages/impaired-driving.aspx.
Minnesota’s enhanced DWI enforcement and education efforts have contributed to the continued reduction of alcohol-related deaths. Still, impaired driving remains a serious threat.
In the past five years (2011 – 2015), there were 462 drunk driving-related deaths in Minnesota – 95 people were killed in drunk driving-related crashes in 2015 alone. In addition, each year approximately 27,000 people are arrested in Minnesota for DWI, with one in seven Minnesota drivers having a DWI on their record.
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 drunk driver.
• Report drunk driving – call 911 when witnessing impaired driving behavior. Be prepared to provide location, license plate number and observed dangerous behavior.
It is important to note that DWI laws apply to all vehicles including: cars, trucks, boats, motorcycles, snowmobiles, ATVs, riding lawn mowers and golf carts.