Compassionate & Experienced Juvenile DWI Charges In Minnesota

Minnesota law treats alcohol-related driving by people under 21 differently from adult DWI cases. Under Minn. Stat. § 169A.33, it is a crime for a person under 21 to drive, operate, or be in physical control of a motor vehicle while consuming alcohol or after consuming alcohol when physical evidence of consumption is present. The offense is generally a misdemeanor, although other DWI charges can carry different and more serious consequences.

Potentially, yes. Minnesota’s under-21 drinking-and-driving law does not require the same .08 BAC threshold that applies to one form of adult DWI under § 169A.20. The law focuses on whether a person under 21 was driving after consuming alcohol and whether physical evidence of consumption was present.

The consequences depend on the circumstances, including the allegations, testing performed, age of the driver, driving history, and whether additional offenses are involved. A case can also involve driver’s-license consequences separate from the criminal or juvenile proceeding. Speaking with an attorney early can help a family understand what is happening and what deadlines may apply.

Testing and refusal issues can be complicated under Minnesota’s implied-consent laws. Refusing a required chemical test can have separate consequences, and the circumstances surrounding the request and the type of test matter. Your child should ask to speak with an attorney as soon as possible before making decisions about testing when the opportunity to consult counsel is available.

Your child has constitutional rights, including the right to remain silent and the right to an attorney. Beyond providing required identifying information, a young person generally should not try to explain or talk their way out of a DWI investigation. A simple statement such as “I want to speak with an attorney” can help avoid making statements before receiving legal advice.

Not necessarily. Whether police can conduct a search depends on the circumstances and applicable legal exceptions. Your child can respectfully state that they do not consent to a search. Refusing consent does not necessarily prevent officers from conducting a search when they have independent legal authority to do so.

It can. A violation of Minnesota’s underage drinking-and-driving law can result in a driver’s-license suspension. Section 169A.33 provides for a 30-day suspension for a first violation and 180 days when there has been a previous qualifying violation. DWI convictions or adjudications under other provisions can result in different sanctions, including longer periods of license revocation for drivers under 21.

Sometimes, but it is not automatic simply because someone is 16 or 17 or because a particular BAC was alleged. Minnesota law provides procedures for certifying certain felony-level juvenile cases for adult prosecution, and specific requirements apply.

Depending on the circumstances, a young person may face additional allegations involving underage alcohol consumption, purchasing or attempting to purchase alcohol, or possessing alcohol. Minnesota law separately prohibits people under 21 from consuming alcohol, subject to statutory exceptions, and restricts underage purchases.

It can. The consequences of a juvenile alcohol-related case can extend beyond the immediate court or driver’s-license issues. Depending on the circumstances, families may also need to consider school policies, extracurricular activities, employment, insurance, and the long-term handling of the juvenile record. The potential consequences depend heavily on the specific facts of the case.

First, try to stay calm. Find out where your child is being held, what agency is handling the matter, and whether any testing has been requested or completed. Encourage your child not to discuss the facts of the incident with others or post about it online. Then contact an attorney promptly so you can understand the next steps and any deadlines that may apply.

A juvenile DWI can involve both juvenile-court issues and driver’s-license consequences, and the applicable rules depend on the specific circumstances. An attorney can review the stop, testing, statements, evidence, and procedures involved and explain the options available to your family.

If available, bring the citation or charging documents, driver’s-license information, paperwork provided by law enforcement, test results, court notices, and any other documents related to the incident. It can also be helpful to write down the timeline while the events are still fresh, including where the stop occurred, what tests were performed, and what your child remembers being said.

As soon as possible. Some DWI-related driver’s-license matters have strict deadlines, and important evidence or information can become harder to obtain with time. Early legal advice can help your family understand those deadlines and avoid unnecessary mistakes.

At Gerlach Law, Charles Gerlach works directly with young people and their families to understand what happened, explain the legal process, and identify the issues that may affect the case. With more than 25 years of experience, Charles brings a calm, personal approach to difficult situations. His goal is to make sure you understand your options and that your child’s rights are protected throughout the process.