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Yes. Minnesota can prosecute a DWI below .08 if the evidence proves the driver was under the influence of alcohol. The .08 alcohol-concentration offense and the under-the-influence offense are separate grounds under Minnesota Statutes section 169A.20. A result below .08 is relevant evidence, but it is not an automatic defense or permission to drive after drinking.
Minnesota uses the term driving while impaired, or DWI. If you searched for a “DUI under the legal limit,” the same distinction is important. Our Minnesota DWI defense team can review the charge and the evidence supporting it.
Why can a DWI charge apply below the legal limit?
Minnesota Statutes section 169A.20, subdivision 1, lists several ways the offense may be committed. One prohibits driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol. Another addresses an alcohol concentration of .08 or more at the relevant time or as measured within two hours.
The first ground does not contain a minimum numerical concentration. Prosecutors still must prove the charged offense beyond a reasonable doubt. A low test result does not establish guilt, just as it does not automatically end an impairment investigation.
What evidence matters when the test is below .08?
The focus shifts to what the complete evidence shows about impairment and the alleged operation or control of the vehicle. A defense review may compare:
- Dash-camera and body-camera footage with the officer’s description of driving and behavior.
- The reason for the stop and the sequence of the investigation.
- Recorded instructions and performance on roadside exercises.
- The kind of chemical test, collection time, result, and supporting records.
- Relevant medical information, injuries, fatigue, or other explanations supported by evidence.
A lawyer should test competing explanations against records rather than assume that an officer’s observation or a driver’s explanation is conclusive. For example, a report describing poor balance needs to be evaluated alongside video and any documented condition affecting balance.
Does a .06 or .07 breath result guarantee dismissal?
No. A result such as .06 or .07 does not automatically dismiss an under-the-influence charge. Counsel must examine which statutory provision was charged, whether other test results exist, and the timing and reliability of each result. A preliminary roadside result also has a different role from an official evidentiary breath result.
Our guide to roadside and official breath tests explains that distinction. Avoid summarizing a case as “I passed the breathalyzer” without identifying the test and obtaining its record.
Are there different rules for commercial vehicles or drivers under 21?
Yes. The .08 threshold is not universal. Section 169A.20 separately sets a .04 alcohol-concentration threshold for driving, operating, or being in physical control of a commercial motor vehicle. That provision concerns the vehicle involved, not simply whether someone holds a commercial license.
Drivers younger than 21 also face a separate Minnesota underage drinking-and-driving law. A DWI analysis and an underage-driving analysis should not be treated as interchangeable. See our underage DWI defense page for help identifying the issues in a young driver’s case.
What if alcohol was not the only substance involved?
A low alcohol result does not answer a separate allegation of impairment by drugs or a combination of substances. Section 169A.20 addresses multiple forms of impairment, including cannabis. Counsel should identify what the state alleges, what the laboratory actually tested, and whether the evidence supports that allegation. Read more about prescription medication and marijuana DWI issues.
Does a result below .08 mean your license is safe?
Do not determine license status from the number alone. The criminal charge and an administrative driving-privilege action are separate. A commercial-driving issue, refusal allegation, other test result, existing restriction, or later conviction may raise different questions. Review any notice and verify current driving privileges before driving.
Our implied-consent and license-review guide explains why a criminal court appearance does not replace a license challenge.
What should you do after a below-.08 DWI charge?
Keep the complaint, test paperwork, license notices, and release conditions. Write a private timeline while your recollection is fresh and preserve existing records. Ask counsel which charge is alleged, what evidence is missing, and which deadlines apply. Do not assume the test number alone resolves those questions.
Request a free criminal-defense consultation with Martine Law. Minnesota criminal defense is provided by Martine Law PLLC. Phones and chat are answered 24/7, with AI covering when no staff is free.
General information about Minnesota law, prepared October 13, 2026. Individual advice requires review of the charge, incident date, and evidence.
