Not a Drop Violation Defense, What Does it Mean in Minnesota?
Under Minnesota law it is a crime for any person under the age of 21 years to drive after consuming any alcohol. If an underage person drinks and drives, they will face penalties under Minnesota’s “Not A Drop” law and possibly the DWI laws.
The “Not A Drop” law does not require proof that the driver was over 0.08%. To be arrested, all that is required is the underage driver show signs of consuming any amount of alcohol.
A conviction under the “Not A Drop” law gives the state the right to suspend the driver’s license under circumstances that may not warrant license suspension of an adult.
Assuming the driver takes a Breathalyzer test and the test results is under 0.08%, the individual’s driver’s license may not revoked immediately. However, if the driver is found guilty or violates the “Not A Drop” law and he/she is a first time offender, his/her driver’s license will be suspended for 30 days and a $20 reinstatement fee will be assessed. If the driver is a second time offender, his/her license will be suspended for 180 days and a $20 reinstatement fee will be assessed.
It is also important to note that underage drivers are subject to adult DWI laws.
An experienced attorney is essential when dealing with complex underage drinking laws. Gerald Miller PA has defended thousands of DWI cases and has over 35 years experience in criminal defense. Our goal is to guide you through these difficult times and help obtain the best result possible for your individual situation. Contact us today at 612-341-9080 for a free consultation.
For more information see the Minnesota Underage Drinking and Driving Statute 169A.33.