DWI: It’s always been a serious crime, but the consequences haven’t always fallen in line with the effects of the crime. As of August 1, 2018, however, Minnesota residents are going to see an increase in the consequences of driving while intoxicated. Thanks to “Little Alan’s Law,” Minnesota drivers who drive under the influence of drugs or alcohol will face significant repercussions for their actions that go beyond former legal restrictions.
Little Alan’s Law
Little Alan’s Law extends the protection offered to citizens on the streets when a license is revoked as a result of a DWI charge—and significantly increases the penalty for operating recreational vehicles while intoxicated. The law includes:
Causing drivers who are caught driving while intoxicated to lose recreational driving privileges, too. After losing their license for driving while intoxicated, drivers will also lose the right to operate snowmobiles, boats, and ATVs.
Penalizing drivers who are operating recreational vehicles while intoxicated more severely. Boating, operating a snowmobile, or operating an ATV while intoxicated will now lead to losing the driver’s license, too.
Denying drivers the use of all three recreational modes of transportation—boats, snowmobiles, and ATVs—if they are convicted of DWI on any of the above. The previous laws only penalized drivers who were caught operating a recreational vehicle while intoxicated with regards to that specific type of vehicle. Now, the law applies to all of them.
Offenders who refuse DWI testing will lose privileges for up to a year. This includes the loss of boating privileges for a year. Under the normal terms of the law, if a first-time offender has a blood alcohol content of .15 or lower, they will only lose their boating privileges for 90 days. That period of 90 days extends from May 1 to October 31, and a penalty that lasts longer than that period will begin again on May 1 of the next calendar year. For testing refusal, however, offenders will lose their license for a full year. This is designed to help encourage first-time offenders who want to be able to keep their boating privileges to submit to testing.
According to the previous terms of Minnesota’s DWI law, drivers will lose their driving privileges for DWI offenses based on previous offenses and their level of intoxication. Under the law:
- First-time offenders testing between .08 and .15 can lose their license for up to 90 days
- At .16 or higher, DWI offenders lose their license for 1 year
- With a blood alcohol content of .16 or higher, the “whiskey plates” law applies: offenders also lose their license plate
These conditions will continue to stand with the introduction of Little Alan’s Law. Under the terms of the new law, the biggest change is that drivers who are convicted of a DWI charge in any area, whether they’re operating a boat, ATV, snowmobile, or car, will now lose their driving privileges in all of the above. This law is designed to provide substantial increased protection for Minnesota drivers and citizens who operate on its roads, waterways, and more.
Underage Drinking and Driving Charges
For underage drivers, the consumption of any alcoholic beverage before getting behind the wheel of their vehicle is illegal. Little Alan’s Law, however, also expands on the definition of “vehicle” as it pertains to underage drivers. Operating a boat or off-road vehicle while intoxicated can now cause underage drivers to face DWI charges. These changes do not impact driving motorcycles, ATVs, or snowmobiles, which were already included under standard DWI laws; they do, however, expand the definition of vehicle to include any motorized vehicle that is capable of traveling across natural terrain without the benefit of roads.
The Emergence of the Law
Little Alan’s Law came about because of the tragic death of eight-year-old Alan. Alan was struck by a snowmobile operated by an intoxicated driver. In spite of prior DWI charges that resulted in the suspension of his driver’s license, the driver was still able to legally operate the snowmobile. Thanks to Little Alan’s Law, however, drivers who have been convicted of DWI will no longer be able to operate other potentially dangerous vehicles.
You’ve Been Caught DWI: Now What?
You’ve been caught driving while intoxicated. Now what? Many first-time offenders may not be sure what to expect or how the changes in the law have the potential to impact their lives.
Contact a lawyer as soon as possible. While a lawyer might not be able to erase the consequences of your actions, they can help you proceed responsibly. Your lawyer will help you navigate the court system and understand the full consequences of your actions. They may also be able to help you negotiate lenience for first-time offenders under specific circumstances.
Expect to lose your driving privileges as well as boating, ATV, and snowmobile privileges. Driving while intoxicated isn’t just a serious legal issue, it’s a serious danger to you and others around you. Minnesota’s laws include serious consequences for even first-time offenders. When you’re convicted of driving while intoxicated, you should expect to lose your driving privileges for a period of 90 days. Under Little Alan’s Law, this now also includes the loss of ATV, snowmobile, and boat privileges. You should not expect fighting the charges to remove these penalties.
Make changes to prevent future incidents. What changes do you need to make to prevent future DWI incidents? For 90 days, you’re unable to operate a car, ATV, snowmobile, or boat. These temporary restrictions are an excellent opportunity to put future changes in place that will help prevent you from driving while intoxicated in the future.
Under the terms of Little Alan’s Law, consequences for DWI offenders have increased in severity. You’re not alone as you deal with those consequences! Contact us today to learn how we can help you navigate the court system and better understand the penalties for your actions. Whether you’re a first-time DWI offender or you’ve faced DWI charges in the past, we’re here to help you figure out your next steps.
Read more about this law on WCCO’s website.
Posted 1st August 2018 by DeVore Criminal Defense