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Fourth Degree DUI, OVER .08 

Anderson Law Office Oct. 20, 2022


To be charged with a 4th Degree DUI (Over .08 Offense): 

This must be your first incident and you must test over .08, but under.16 on an alcohol test.  You could also be charged with a Driving Under the Influence offense which is based solely on the officer’s observation but not your alcohol test.  These are misdemeanor offenses.  A misdemeanor is punishable by a maximum of 90 days in jail and a $1,000.00 dollar fine, or both.  

If this is a first time DUI offense and you either tested .16 or more, refused to test, had a child in the car, been stopped going through railroad track stop arms or been in an accident with alcohol involved where there was substantial bodily injury your offense will be enhanced to a Gross Misdemeanor offense.  

A gross misdemeanor is punishable by a maximum of 1 year in jail and a $3,000.00 dollar fine, or both.  4th Degree Misdemeanor offenses do not have a mandatory minimum amount of jail time.  3rd Degree DUI related offenses have a mandatory minimum of 30 days in jail if convicted and the defendant has another DUI related offense or license revocation within ten years. 

Minnesota License Revocation Process 

Every licensed driver in Minnesota gives implied consent for an officer to test for alcohol or drugs if the officer has a reasonable suspicion that the driver has been drinking and driving.  

Two things occur at the time of a Client’s arrest.  First, Client is charged with a criminal offense. Second, Client is presented with a civil Notice of Revocation form that indicates they have a 7 day temporary license to drive before their revocation begins.  These are two separate issues.  To win a DUI case the Client must get the criminal case reduced or dismissed and prevail at the license revocation hearing. 

A Client has 60 days from the date of the Notice of Revocation to challenge any issues with regards to the license revocation.  This is an absolute deadline. 

Driving privileges are revoked for varying times.  Factors that determine the length of time are alcohol test score, prior driver’s license revocation based on alcohol, refusal to test, etc.  For example, if Client had one prior offense within the past ten years and tested over .08 for alcohol, but below .16, the Client would not be eligible for driving until interlock was installed in the vehicle.  In this scenario a limited license (work or school permit) would not be allowed.  The Client could only drive once interlock was installed in the vehicle.  The license scenarios are confusing and there are many different factors.  Please contact Scott to discuss any questions you may have at 763-225-2074. 

Interlock is Not Required on 4th Degree DUI Offenses 

If a Client has been charged with a 4th Degree DUI offense or a first Refusal to Test interlock is not required but to drive in Minnesota Client must: 

  1. Pay a reinstatement fee. 

  1. Apply for a new driver’s license. 

  1. Pass a DUI knowledge exam. 

  1. Verify employment or school within 15 days of the revocation for limited license. 

  1. Have limited license for 75 days before license is fully reinstated. 

If Client has been charged with Refusal to Test their limited license is for 1 year and the aforementioned steps must be completed as well. 

Interlock is Required for 3rd Degree DUI’s or Over .16 Offenses 

If a Client has been charged with a 3rd Degree DUI and tested over .16 on their first offense or they have two DUI offenses within ten years then the Client needs to get enrolled in the interlock program to drive or challenge the revocation of their license.  

Interlock is a program where a device is installed in a vehicle to test whether a person has consumed any alcohol.  It is a zero tolerance test.  A vehicle will not start unless the person on interlock tests 000’s.  While it is an inconvenience to be on interlock and there are costs that are incurred, it does grant the person the ability to drive his/her vehicle and drive to work, school, children’s activities, church, treatment. etc.  

To get interlock installed you must follow the Department of Public Safety rules for reinstating a driver’s license.  Each driver reinstating their license in this circumstance must pay a reinstatement fee, pass a DUI knowledge test, apply for a new driver’s license, provide an SR 22 insurance form to the state, get interlock installed and meet with an evaluator and sign a interlock compliance agreement. In 3rd Degree DUI cases the Client can only drive once interlock is installed in their vehicle.  The bottom line is each case must be independently analyzed because they are all unique. 

Barring a defense it is important to get your Client’s life back to normal as quickly as possible.  Clients need to be able to get to and from work, school, children’s activities and education or treatment to start managing their lives and to be proactive in assessing any issues they may have with alcohol, drugs or other addictions. 

One benefit of interlock: it shows that a client has not been drinking and driving.  This is impactful to judges and prosecutors who are rightfully concerned with public safety. 

Additionally, the Client may also have their license plates impounded and be subjected to restricted plates for every vehicle that they have title on.  These plates are commonly referred to as whiskey plates. 

Intoxication Factors 

Alcohol concentration levels are determined by three factors: Weight, amount consumed and time.  If you are 100 pounds and drink the same amount and type of alcohol as a 200 pound person your level will be much higher. 

For example, a 100 pound woman that consumes 5 ounces of alcohol will test approximately .23 while a 200 pound woman would test approximately .11 with the same amount of alcohol consumption and same time consuming or refraining from drinking. 

Weight is also a factor.  For example, a 120 pound woman that consumes 4 ounces of alcohol will test approximately .15.  A 120 pound woman would test approximately .19 after consuming 5 ounces of alcohol.  Note how weight alone can impact the test, but women vs. men test differently and time between drinking and not drinking is another key factor. 

Critical to Analyze the Case 

It is critical to analyze both the Implied Consent issues and the criminal issues before determining a strategy. To win a DUI case you have to attack both and prevail. 

It is critical to know all of the details about the reason(s) a Client was stopped or approached by police, what procedures the officer(s) used during the stop and subsequent arrest, the type of testing was administered (blood, breath, urine), why a test was refused, what is contained in Client’s prior criminal/traffic history, whether the officer read the Implied Consent Advisory when arrested, were you allowed to contact an attorney, whether the Miranda warning was given, whether a warrant was involved, and many other variables. 

A thorough examination of the police report must be done to complete the analysis. It is important to have both views of the case prior to developing a strategy with regards to your case. 

Don’t Go It Alone. 

Being charged with a crime is stressful, and having an experienced lawyer to provide legal representation throughout the criminal case is critical. The criminal process can be a confusing maze of court appearances, jail consequences, fines, and forms that could have a devastating effect on your personal liberty and privileges. 

When you are accused of a crime, finding a lawyer can be a daunting experience. Many people in this position regrettably try to represent themselves.  This is a poor decision since most people are inexperienced in the law and the process and they are too close to the situation to think clearly since they are charged with the crime.  

Scott L. Anderson understands how to work within the justice system and use its rules and procedures for his Clients’ best advantage.  

Scott understands how relationships dictate the ability to reach timely and successful resolutions. Through his years of 36 years of experience Mr. Anderson has developed many valuable relationships with judges, attorneys, clients, and insurance companies. Let his experience and knowledge work for you. 

At Anderson Law Office, every legal matter is handled carefully, confidentially, and completely with a commitment to resolving your legal problems. Brooklyn Park attorney, Scott Anderson, provides frank and complete evaluations of every issue.  He knows how to obtain the best outcome on your behalf. He takes the time to explain options and likely consequences so you can make the best decisions, and he makes certain to keep you updated as to the status of your case. 

Scott L. Anderson is accessible and offers competitive and affordable rates with DUI and criminal defense cases. 

Scott L. Anderson Has Successfully Defended Over 2500 DUI Cases and 1000’s of Criminal Cases.  

Since 1986 Scott Anderson has cultivated many relationships within the legal community. Regardless of the county, he is familiar with the prosecutors and judges. He has developed a positive rapport that benefits his clients. Scott has extensive experience successfully defending the rights of people arrested and accused of all types of criminal offenses. He prides himself on being accessible and compassionate with his clients while providing excellent representation. 

Scott Is Known for Going the Extra Mile to Get the Right and Just Resolution. 

Scott is always looking for defenses when analyzing the case.  Defenses are researched in detail prior to moving forward with the criminal case and the license revocation case.  If defenses don’t exist it is Scott’s job to get the best possible result and get your license returned as quickly as possible at a reasonable and affordable cost. 

Each case is unique like a snowflake.  Each case must be thoroughly examined and analyzed to get the best possible result, whether that be dismissal, reduction of the charges, or mitigating the sentence. 

Anderson Law Office offers its clients the best of both worlds: strong, aggressive representation along with the personalized attention, responsiveness, and concern that your case deserves. Scott L. Anderson strives to provide the highest quality legal representation while recognizing the need for a practical approach to litigation. 

Anderson Law Office is a law firm that is honest, caring, prompt, capable, prepared, and qualified to represent you in your legal challenges. 


Please call 763-225-2074 for a FREE PHONE CONSULTATION, you will be glad you did. 

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