Alleged aggravating factors associated with a drunk driving arrest can increase the level of charge that authorities may seek under Minnesota law. Generally, people may expect that a prior, or several prior, DWI convictions within the 10-years preceding a new DWI arrest will enhance the new charge to a higher level of offense. But, other aggravating factors may be alleged in enhance a charge—even for a first time offender.
Minnesota law sets the legal limit to drive at 0.08 percent blood alcohol concentration. That is essentially the same standard under any U.S. state law in DWI cases. However, Minnesota law allows prosecutors to prosecute a first-time offender with a higher level of offense based allegations that a person measured 0.20 percent BAC or more in a DWI test.
Similarly, allegations of drunk driving with a person under the age of 16 in the vehicle are considered an aggravating facto under the DWI statute.