Alcohol and the Law

For your sake, please make good choices about the use of alcohol and drugs. Such decisions ought to be respectful of oneself and community values regarding other people and property. Programs in the Personal and Professional Development Center, Residential Programs, Student Activities and Campus Ministry support such learning. Following is information from regional attorneys and judges who deal with the legal consequences of violations.

1. Driving while under the influence of alcohol or controlled substance (MSA 169.121):
   The DWI (DUI) law prohibits driving of a motor vehicle on a roadway or private property while under the influence of alcohol or controlled substance or when the person has a blood alcohol concentration at 0.10 or above. A first time offense is a fine of about $400; second time, $1,000 and up to three weeks in jail. In addition to the criminal charge, the individual driver's license is suspended for up to one year with a $200 license reinstatement fee, required participation in a DWI clinic at a cost of about $75 and note of conviction and suspension on the individual's driving record. If the individual is under 21 years of age, it is unlikely that he can get insurance; over 21, the insurance with one DWI would be increased by at least $15 a month, two DWIs $50 a month and a DWI with an accident, $100 a month if even insurable. Negotiated DWIs or unwillingness to take a breath test are usually considered as evidence of high risk by insurance carriers. A minor with a first DWI has a very difficult time getting insurance at any cost until reaching 25 years old (see also DWI; Alcohol, J-Book).
2. Open bottle law (MSA 169.122):
   It is illegal to have in a motor vehicle a package containing alcoholic beverages if the seal has been broken. The statute complies to both driver and passengers, with a first-time penalty of about $110.
3. Suspension of driver's license for illegal purchase of alcoholic beverages (MSA 171.171):
   The state will suspend the driver's license of anyone under the age of 21 convicted of purchasing or attempting to purchase an alcoholic beverage, for a period of 90 days.
4. Use of an altered driver's license (MSA 171.22);
   A first time penalty of about $110 for displaying or even having a fictitiously or fraudulently altered driver's license or for using another person's driver's license.
5. Obstructing the legal process or arrest (MSA 609.50):
   This is a gross misdemeanor with a typical fine of about $200 for intentionally interfering with a peace officer engaged in his duties.
6. False name to a peace officer (MSA 609.506):
   A $200 fine for misrepresenting oneself to a peace officer engaged in a lawful investigatory stop or arrest.
7. Criminal damage to property (MSA 609.595):
   Intentional damage to the property of another is criminal. If in excess of $500 the charge is a felony; between $500 and $250, a gross misdemeanor; under $250 a misdemeanor.
8. Illegal possession and consumption of alcoholic beverages (MSA 340A.503):
   To possess in any way or to make available to a person under 21 years of age entails a typical first time penalty of $50.
9. Unlicensed sales (MSA 340A.401):
   Prohibits a person from directly or indirectly, on any pretense or by any device, to sell, barter, keep for sale or otherwise dispose of alcoholic beverages as part of a commercial transaction if the person does not have a valid liquor license. A donation or purchase of a drinking container at an event violates this policy. A violation is a gross misdemeanor, punishable by jail for up to one year and a $3,000 fine. A sale of intoxicating liquor also exposes the seller to dram shop liability for any injury or damage caused by the person to whom the illegal sale was made.
10. Criminal sexual assault (MSA 609.342-345):
    Various degrees of criminal sexual assault can be charged where there exist non-consensual conduct or where the victim is under a physical disability such as intoxication. Intercourse is not required to be charged. Offenses are a felony. Typical sentences range from six months in a county jail to several years at a state prison.

Note: Violations of the above Minnesota statutes are at least misdemeanors which, if convicted, give the person a permanent criminal record. Some implications of a criminal record include probable difficulties securing employment or acceptance in graduate school and the easy resolution of any subsequent offense.

The legal impact of choices about alcohol and drugs that violate the law can have serious and permanent career consequences.