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Third Degree DUI, OVER .08

Anderson Law Office Nov. 8, 2022


To be charged with a 3rd Degree DUI or Over .08 you must have either:

  • A current charge of DUI or tested over .08 and had a prior DUI conviction or alcohol related driver’s license revocation within the past 10 years or;

  • Be charged with a first time DUI offense and either test .16 or more, refuse to test, have a child in the car, be stopped going through railroad track stop arms or been involved in an accident with alcohol involved where there is substantial bodily injury.

3rd Degree DUI’s or Refusal to Test cases are more serious then 4th Degree DUI cases since the legislature has deemed the conduct for these offenses to rise to the level of gross misdemeanor status.  A gross misdemeanor is punishable by a maximum of 1 year in jail and a $3,000.00 dollar fine, or both.  3rd Degree DUI related offenses have a mandatory minimum of 30 days in jail if convicted and the defendant has two DUI related offenses 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. 

Interlock Required on 3rd Degree DUI 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, 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.

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 for a FREE PHONE CONSULTATION, you will be glad you did.

Amazing Attorney

Five Star Review

Posted by Heather on

When I received my DWI I was beyond devastated. I had never been in any sort of legal trouble before and was clueless on what to do, thankfully after my arrest a friend referred to me Scott who from start to finish was like a guardian angel to me. He answered all my questions quickly and thoroughly and was so compassionate. He knew I wanted to get my life back in order as soon as possible and with his guidance and support everything was taken care of in basically a month after my incident. If you're in need of an attorney when the unthinkable happens look no further than Scott. He is truly an amazing attorney and person and I cant thank him enough for what he did for me.

Honest, Personable, Hardworking. 4th Degree DWI to a Careless Driving!

Five Star Review

Posted by anonymous

When my arrest for a 4th degree DWI initially happened, I was lost, confused, and obviously stressed about the entire process of what was going to be happening the next few months. I spoke to about ten lawyers and the one I kept thinking about was Scott. He listened to me and comforted me during our first phone conversation. He wasn't pushy or rude, and was receptive to all of my (many) questions, concerns, and text messages/phone calls! His ability to communicate and clearly layout all of my options in combination with listening to me was what made him my choice in representing me throughout this process. He was a straight-shooter, offering me an unbiased outlook on all of the options, which was different than many of the other lawyers I had spoken with. He called me weekly with updates and to let me know where we were at with everything. His timely responses were what I needed to know that he truly cared not only about getting me the best outcome, but me as a person. Ultimately, he got me the BEST possible outcome and my 4th degree DWI was dropped down to a careless driving, a pretty minimal fine, and no jail time. He really gives each case his ALL. Scott is the BEST and I knew after talking to him I wouldn't want anyone else to represent me.