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For Minnesotans Facing Criminal Charges

Juvenile DWI Charges In Minnesota

Last updated on November 5, 2025

Minnesota has a strict zero tolerance policy for juvenile DWI, so even a small trace of alcohol can lead to serious legal trouble for a minor. Because of the high stakes, it is crucial to work with an experienced criminal defense attorney who knows how to protect a young person’s rights and future.

I am attorney Charles Gerlach from Gerlach Law, and I have dedicated my career to helping individuals and families through some of the most difficult times in their lives. With over 25 years of experience, I have helped many families through the complexities of the juvenile justice system in Minnesota. My office is based in St. Paul, and I serve clients across the Twin Cities and throughout the state.

What Is Juvenile DWI In Minnesota?

Under Minnesota Statutes § 169A.33, drivers under 21 are held to a zero-tolerance standard. This means that even a small amount of alcohol in an underage driver’s system can result in a DWI charge. In addition to DWI, young individuals can be charged with:

  • Drinking without parental supervision
  • Possessing alcohol with the intent to consume
  • Attempting to purchase alcohol underage
  • Using a fake ID or misrepresenting their age

These charges carry heavy consequences, especially for those 16 or 17 with a BAC above .08%. They can be tried as adults and face jail time, hefty fines, and a license suspension of 180 days or more.

How A Minnesota Lawyer Can Help

When your child is facing a juvenile DWI in Minnesota, this is how I can help:

  • Challenge the BAC or field test results to identify any errors or flaws in the testing process
  • Question the arresting officer’s conduct, including whether rights were properly explained and procedures followed
  • File legal motions based on constitutional protections
  • Explore alternative resolutions aimed at minimizing long-term consequences

No matter the circumstances, I work to build a defense that protects your child’s future.

Your Next Steps if a Minor Is Arrested for DWI in Minnesota

  • Stay calm and be respectful: Panic and arguing can make things worse. Encourage your child to remain polite and follow lawful instructions.
  • Exercise the right to remain silent: Other than providing name, date of birth, and basic identifying information, your child should not answer questions about drinking, where they were, or who they were with. They can say, “I want to speak with an attorney.”
  • Do not consent to searches: Your child can respectfully decline consent to search their phone, backpack, or vehicle. Officers may still proceed under certain exceptions, but it’s important not to give voluntary consent.
  • Understand testing requests: Minnesota’s implied consent law applies to drivers, including juveniles. Refusing a chemical test can carry separate penalties. Before deciding, ask to speak with an attorney as soon as possible.
  • Ask for a parent or guardian: Juveniles should request to contact a parent or guardian immediately. Parents should ask where the child is being held, what agency is involved, and whether any tests have been requested or administered.
  • Document everything: As soon as possible, write down or record the timeline—where the stop occurred, statements made by officers, witnesses, and any conditions that might affect testing (medical issues, recent mouthwash, dental work, or vomiting).
  • Preserve evidence: Save receipts, texts, social media posts, or location data that could confirm your child’s whereabouts and timeline. Note nearby cameras or businesses that may have footage.
  • Avoid social media: Do not post about the incident. Public statements can be used against your child.
  • Do not miss deadlines: DWI-related license issues and implied consent challenges have strict timelines. Prompt action can preserve rights and options.
  • Contact an experienced juvenile DWI attorney immediately: Early intervention can affect testing decisions, release conditions, school-related consequences, and negotiation options.

I also defend juveniles who have been charged with a traffic offense. I help teens and their parents explore options aiming to maintain driving privileges and avoid other penalties.

Call Today

If your child has been charged with a juvenile DWI in Minnesota, Gerlach Law will explain your options and fight for the best possible outcome.

Call 952-952-9723 today for a free case evaluation.