Driving Under the Influence of Marijuana in Minnesota

Driving under the influence of marijuana is a crime in Minnesota. This article explains the penalties imposed for DUI violations, but other laws regarding marijuana possession may also apply to drivers and passengers.

For information about how Minnesota treats marijuana possession, sale, and manufacture, see Minnesota Marijuana Laws.

Driving Under the Influence of Marijuana

It is illegal to drive a vehicle while under the influence of marijuana, alcohol, other drugs, or a combination of substances. When alcohol is involved, a blood alcohol level of 0.08 percent of the driver's blood, by volume, will conclusively establish that the driver is under the influence (if the level is less, the prosecutor can still point to the driver's actions to prove that he was under the influence). (Minn. Stat. Ann. § 169A.20(5).)

When marijuana is involved, however, any amount of marijuana that was in the driver’s blood or urine (including metabolites) while he was driving will establish that the driver was under the influence. (Minn. Stat. Ann. § 169A.20(7).)

Penalties for Driving Under the Influence

Penalties vary according to whether the offense is a first or a subsequent conviction. And, while not described here, harsher penalties may apply if alcohol is also involved in the offense. For all offenses, defendants who refuse a chemical test at the time of arrest will face a mandatory minimum license suspension of 180 days.

• First convictions. An offender will face a fine of up to $1,000, up to 90 days in jail, up to 180 days of license suspension, or any combination of these penalties. (Minn. Stat. Ann. § 169A.275(2).)
• Second conviction within ten years. An offender will face at least 30 days in jail, and up to one year of license suspension. Alternately, the judge may order eight hours of community service in lieu of one day in jail. (Minn. Stat. Ann. § 169A.275(1)(a)(1)&(2).) 
• Third conviction within ten years. An offender will face at least 90 days in jail, and up to two years of license suspension. Alternately, the judge may order participation in a probation program for repeat DUI offenders (plus at least six days in jail). (Minn. Stat. Ann. § 169A.275(2)(a)(1)&(2).)
• Fourth conviction within ten years. An offender will face at least 180 days in jail, and indefinite license suspension. Alternately, the judge may order participation in a probation program for repeat DUI offenders (plus at least six days in jail). (Minn. Stat. Ann. § 169A.275(3)(a)(1),(2),&(3).)
• Fifth and subsequent convictions within ten years. An offender will face at least one year in prison, and indefinite license suspension. Alternately, the judge may order participation in a probation program for repeat DUI offenders (plus at least six days in jail). (Minn. Stat. Ann. § 169A.275(4)(a)(1),(2),&(3).)

An Important Note on Local Legal Representation

If you have been charged with a marijuana-related driving offense, consult an experienced criminal defense attorney. While the penalties and consequences of a marijuana charge are governed by statutory law, only a local criminal defense attorney can tell you how cases like yours tend to be handled by prosecutors and judges in your courthouse.