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Minnesota DWI Drunk Driving Defense Information
Mt. Pleasant Drunk Driving Lawyers
- James Veldhuis:
The crime of drunk driving is generally defined in two ways: (1) having
a blood alcohol content above the limit set by law, or (2) driving
under the influence of alcohol. To find a person guilty under the first
definition, a jury (or judge) must be convinced beyond a reasonable
doubt that the person's blood alcohol content (BAC) exceeded a certain
amount. In most states the legal limit is .08 percent. Therefore, if it
is proved that the person's BAC at the time of the incident was .08
percent or greater, he or she can be convicted of drunk driving,
regardless of how much alcohol was actually consumed. As a practical
matter, one drink would almost certainly not lead to a BAC of .08
percent or greater; generally, a person needs to have five drinks in an
hour to develop a BAC of .08 percent. However, if there was something
unique about the person or the drink, or other circumstance, one drink
could raise the BAC above the legal limit. In contrast, the second
definition does not refer to any particular BAC. It focuses on the
driving behavior of the person; if it is impaired by the person's
consumption of alcohol, he or she can be found guilty of drunk driving.
Instead of presenting evidence of the BAC to a jury, the prosecution
seeking a conviction under this definition generally presents testimony
about the person's driving and consumption of alcohol. A police officer
will often describe the impaired driving that lead him to pull the
person over and the person's ability (or lack thereof) to perform field
sobriety tests, such as walking a straight line. Evidence is also
usually presented concerning the person's consumption of alcohol and if
the jury then concludes that the prosecution has met its burden of
proof, it will convict the person of drunk driving. A susceptible
person may exhibit impaired driving after one drink and therefore be
convicted of drunk driving.
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