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Minnesota DWI Glossary

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Blood alcohol concentration (BAC)—“Blood Alcohol Concentration” means the number of grams of alcohol per 210 liters of breath. Minn.Stat. § 169A.03, subd. 3(2).

Elements of a crime—Those constituent parts of a crime which must be proved by the prosecution to sustain a conviction. Black’s Law Dictionary, Sixth Edition (1990). Each element of a crime must be proven beyond a reasonable doubt for the state to obtain a conviction. The elements of the crime of DWI are as follows: the (1) Defendant drove, operated, or physically controlled a motor vehicle on the roadways or boundary waters of the State of Minnesota; (2) was under the influence of alcohol or a controlled substance; and (3) while driving with a blood alcohol concentration of 0.08 or greater as tested within two hours of operating a vehicle.

Aggravating factors—includes (1) a qualified prior impaired driving incident within ten years immediately preceding the current offense; (2) having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of do the time, of the offense; or (3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.

Prior qualified driver’s license revocation—includes a driver's license suspension, revocation, cancellation, denial, or disqualification under: (1) section 169A.31 (alcohol-related school bus or Head Start bus driving); 169A.50 to 169A.53 (implied consent law); 169A.54 (impaired driving convictions and adjudications; administrative penalties); 171.04 (persons not eligible for drivers' licenses); 171.14 (cancellation); 171.16 (court may recommend suspension); 171.165 (commercial driver's license, disqualification); 171.17 (revocation); or 171.18 (suspension); because of an alcohol-related incident; (2) section 609.21 (criminal vehicular homicide and injury, substance-related offenses); (3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); or 169.123 (chemical tests for intoxication); or (4) an ordinance from this state, or a statute or ordinance from another state. (b) "Prior impaired driving-related loss of license" also includes the revocation of snowmobile or all-terrain vehicle operating privileges under section 84.911 (chemical testing), or motorboat operating privileges under section 86B.335 (testing for alcohol and controlled substances); the revocation of snowmobile or all-terrain vehicle operating privileges under section 84.91 (operation of snowmobiles and all-terrain vehicles by persons under the influence of alcohol or controlled substances); or the revocation of motorboat operating privileges under section 86B.331 (operation while using alcohol or drugs or with a physical or mental disability). (c) "Prior impaired driving-related loss of license" does not include any license action stemming solely from a violation of section 169A.33 (underage drinking and driving), 171.09 (conditions of a restricted license), or 340A.503 (persons under the age of 21, illegal acts). Minn.Stat. § 169A.03, subd. 21 (some portions of this statute have been omitted).Prior qualified DWI conviction—includes a prior conviction under: (1) section 169A.20 (driving while impaired); 169A.31 (alcohol-related school bus or Head Start bus driving); or 360.0752 (impaired aircraft operation); (2) section 609.21 (criminal vehicular homicide and injury, substance-related offenses); (3) Minnesota Statutes 1998, section 169.121 (driver under influence of alcohol or controlled substance); 169.1211 (alcohol-related driving by commercial vehicle drivers); or 169.129 (aggravated DWI-related violations; penalty); (4) Minnesota Statutes 1996, section 84.91 (operating snowmobile or all-terrain vehicle while impaired); or 86B.331 (operating motorboat while impaired); or (5) an ordinance from this state, or a statute or ordinance from another state, in conformity with [this State’s statute]. A "prior impaired driving conviction" also includes a prior juvenile adjudication that would have been a prior impaired driving conviction if committed by an adult. Minn.Stat. § 169A.03, subd. 20 (some portions of this statute have been omitted).

Test Refusal—means refusing to submit to a chemical test requested by a Minnesota peace officer subsequent to an arrest for DWI.

Misdemeanor—means a crime for which a person may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.

Gross Misdemeanor—means a crime for which a person may be sentenced to imprisonment for not more than one year, or to payment of a fine of not more than $3,000, or both.

Minnesota Implied Consent Advisory (MNICA or ICA)—the MNICA is an advisory of the law and of an individual’s rights that law enforcement officials are required to read to a driver before requesting they submit to a chemical test to measure blood alcohol content. The Minnesota Implied Consent statute states that any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state consents to a chemical test of that person’s blood, breath, or urine for the purpose of determining the presence of alcohol, controlled substances, or hazardous materials. The test must be given at the direction of a peace officer upon probable cause that an individual was driving or operating a motor vehicle under the influence of alcohol. Refusing this test is a crime in Minnesota that carries with it a 1-year license revocation.

Reasonable period of time—to determine whether a driver’s limited right to obtain counsel was vindicated prior to submitting to a chemical test courts look to the totality of the circumstances. Minnesota courts have not set a predetermined time frame to provide a reasonable period of time that is necessary for vindication of a driver’s limited right to counsel prior to chemical testing. Instead, courts look at the facts to determine reasonableness on a case-by-case basis. Facts that may be considered in determining reasonableness include but are not limited to the time of day a driver is trying to contact an attorney, the diligence with which a driver is attempting to contact an attorney, and the length of time the driver has been under arrest. The threshold question is whether the driver has made a good faith and sincere effort to reach an attorney.

Driver’s License Record—the record kept by the Minnesota Department of Public Safety containing an individual’s complete driving record since that individual received driving privileges from the State of Minnesota.

Driver’s license revocation— "Revocation" is the commissioner's withdrawal of a person's driver's license and privilege to drive in this state for a specific period under either current or former Minnesota Statutes

Driver’s license Cancellation— "Cancellation" is the Commissioner of Public Safety’s withdrawal of a person's driver's license and privilege to drive in Minnesota pursuant to current or former Minnesota Statutes

License Plate Impoundment—in the State of Minnesota, it is a crime (misdemeanor) to fail to comply with a license plate impoundment order. An administrative impoundment of plates is issued when an individual violates section 169A.20 resulting in the revocation of a person’s driver’s license or driving privileges within ten (10) years of a qualified prior driving incident, or if any other qualified aggravating factor is present in association with a driver’s first violation of section 169A.20. Minn.Stat. § 169A.60 (2003). In other words, a vehicle’s license plates may be impounded for the offense of 3rd degree DWI or greater. Vehicle plates must be surrendered within seven days after the issuance of the impoundment notice if they were not previously seized by a peace officer.

Vehicle Forfeiture—The Minnesota legislature has authorized the State to initiate forfeiture proceedings against vehicles that have been used in connection with certain 2nd degree and 1st degree DWI offenses, provided specific criteria are met. Although a driver views these forfeitures as additional punishment (recognizing the financial ramifications), the United States Supreme Court as well as the Minnesota Supreme Court has found these laws constitutional. The forfeiture of a vehicle is deemed a “civil collateral” consequence of certain DWI violations.

Risk Insurance—extra compensation paid to an insurance company, over amounts usually considered normal, in return for their undertaking to engage in activities more risky than normal. For example, providing automobile insurance to persons convicted of DWI.

Minnesota Department of Public Safety (DPS)—DPS is a legislature created agency that was created for the purpose of protecting citizens and communities through activities that promote and support prevention, preparedness, response, recovery, education, and enforcement. The DPS Driver and Vehicle Services department is responsible for license revocations or suspensions as are legislatively proscribed by law for certain offenses, including DWI.

District Court—Each state is comprised of one or more federal judicial districts, and in each district there is a district court. 28 U.S.C.A. § 81 et seq. The United States district courts are the trial courts with general Federal jurisdiction over cases involving federal laws or offenses and actions between citizens of different states. Also, name for inferior state courts of record having general jurisdiction. Generally, each county within the state has a district court.

City Attorney—Attorney(s) employed by the city to represent it in civil and criminal matters including prosecutions.

County Attorney—Attorney(s) employed by the county to represent it in civil and criminal matters including prosecutions.

Intoxilyzer 5000 Breath Test Machine—is a machine commonly used by the various Minnesota law enforcement agencies to administer the chemical breath test following a driver’s arrest for DWI. The Intoxilyzer 5000 utilizes a feature that allows only for the analysis of a subject’s “deep lung” air. Because of this feature, it does not give false positives that might result from alcohol being present only in a subject’s mouth. The resultant BAC of an Intoxilyzer 5000 breath test is what the prosecution uses as a definitive measure of an individual’s BAC for prosecution purposes.

Infrared Absorption—the alcohol “fingerprint.” Infrared absorption is the most widely accepted evidential form of breath alcohol testing. The Intoxilyzer 5000 measures the degree alcohol absorbs infrared energy, the more alcohol present, the greater the absorption. The greater the absorption, the greater the percentage of alcohol is measured.

Limited License (Work Permit)—a temporary and limited license enabling the driver to drive to and from work ONLY. The limited license, or work permit, is available to DWI offenders after a certain amount of revocation/suspension time provided certain requirements are met, including the taking of applicable written driver’s examinations, payment of applicable reinstatement fees, and application for a new Minnesota driver’s license. Total revocation/suspension time periods vary depending on the degree of the offense and time frame of the revocation/suspension.

Petition for Judicial Review—a written request submitted to the district court requesting judicial review following the receiving notice of action to be taken by the Commissioner of Public Safety to revoke a driver’s license after being charged with an alcohol related offense. Petitions for Judicial Review must be filed with the district court in the county in which the alleged offense occurred and the must be filed within 30 days of the receipt of notice.

Implied Consent Hearing—an Implied Consent Hearing is held at the direction of the District Court following the filing of the Implied Consent Petition. Under a recent Minnesota Supreme Court decision and pursuant to statutory provisions, this hearing must be held within 60 days of the filing of the Implied Consent Petition or at the earliest practicable date. The Implied Consent Hearing is an evidentiary hearing. This hearing usually consists of witness testimony and cross-examination. At the conclusion of the Implied Consent Hearing, the presiding judge will make a determination as to the validity, legality, and appropriateness of the Commissioner of Public Safety’s action in revoking an individual’s driver’s license subsequent to being charged with a DWI.

Petition for Judicial Determination—synonymous with the Petition for Judicial Review.

Chemical Dependency Evaluation—is an evaluation that may be obtained by order of the court or by request from a defense attorney for use during court proceedings. The purpose of the chemical dependency evaluation is to determine if the individual in question exhibits or indicia of chemical dependency that may warrant further action such as chemical dependency treatment. Evaluations also serve to educate driver’s generally of the personal effects of alcohol and to provide awareness as to whether dependency problems may exist.

Chemical Dependency Treatment—means receiving treatment for a chemical dependency in a professional health care environment. Chemical dependency treatment can be in-patient or outpatient, depending on the program and the severity of the chemical dependency. Some in-patient programs also involve placement at a halfway house following completion of the in-patient program. Treatment can involve group therapy, as well as chemical treatment such as the administration of methadone to gradually decrease and eventually help eradicate chemical dependency.

Minnesota Attorney General—in each state there is an attorney general, who is the chief law officer of the state. He or she gives advice and opinions to the governor and to executive and administrative departments or agencies. The Attorney General will also appear to represent the State Government in the Minnesota Supreme Court is cases involving the State of Minnesota.

Community work service—a criminal sentence requiring that the offender perform some specific service to the community for some specified period of time. Black’s Law Dictionary, Sixth Edition (1990).

Sentence to Service (STS)—means a judicial sentence in lieu of jail time, usually to a county work crew for the amount of time in days that the offender was sentenced to incarceration.

Electronic Home Monitoring (EHM)—is a sentencing tool used by the courts in lieu of other possible criminal penalties such as straight jail time or the Huber work release program. EHM usually means that the defendant is confined to their residence at all times subject to conditions set by the court such as authorization to attend work or school. EHM participants wear an electronic ankle bracelet through which a state agency can keep track of the defendant’s location. Violations while participating in the EHM program can mean the termination of the program and the imposition of a previously stayed jail sentence.

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