UNDERAGE DRINKING AND DRIVING 

The Minnesota laws summarized in the previous pages apply to “any person” who drives, operates or physically controls a motor vehicle within the state. In addition to those laws, several special laws apply when the driver is under 21 years of age.

 Most important, Minnesota Statute section 169A.33 states: 

“It is a crime for a person under the age of 21 years to drive, operate or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person’s body.” 

This means that if the driver is under 21, it is a crime to drive after consuming any alcohol. There does not have to be proof that the driver was actually under the influence of alcohol or that his alcohol level was over 0.08%. Accordingly, this law is sometimes known as the “Not a Drop” law or the “Zero Tolerance” law.

The same law also gives the state the authority to suspend the driver’s license under circumstances which would not justify license revocation of an adult. If the underage driver does not refuse to take an Intoxilyzer test, and does not have a test result of 0.08% or more, his license will not be revoked immediately. An adult in those circumstances would not be revoked either. But if the underage drinker is later found guilty of violating this “Not a Drop” law, his license will be suspended for 30 days on a first offense or 180 days on a second offense.  It is important to keep in mind that this type of driver’s license suspension cannot be used as an “Aggravating Factor” to enhance a later DWI charge up into a more serious category.  

If any underage driver’s case involves violation of the terms of more serious “adult” laws, the more serious laws will apply, and the more serious consequences can be imposed. If the driver is under the age of 21 and refuses testing or tests at 0.08% or more, even longer license revocation periods will be imposed. Under those circumstances the license will be revoked for 180 days and the driver will be eligible for a limited license after the first 90 days.

 Although underage drivers are subject to different laws with zero tolerance provisions and longer license revocation periods, they are still entitled to the same rights as any other person. They are entitled to the presumption of innocence and are entitled to a vigorous legal defense. All of the same possible legal defenses and procedures outlined elsewhere in this website apply to underage defendants. The underage driver is also entitled to request an Implied Consent hearing to contest the legality of his license revocation. The court proceedings for underage drinking drivers are held in regular adult court unless the driver is under the age of 17, in which case the matter is handled in juvenile court.