DWI Affirmative Defenses

DWI Affirmative Defenses


169A.46 AFFIRMATIVE DEFENSES.

Subdivision 1.Impairment occurred after driving ceased. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20, subdivision 1, clause (5); 1a, clause (5); 1b, clause (5); or 1c, clause (5) (driving while impaired, alcohol concentration within two hours of driving), or 169A.20 by a person having an alcohol concentration of 0.20 or more as measured at the time, or within two hours of the time, of the offense, that the defendant consumed a sufficient quantity of alcohol after the time of the violation and before the administration of the evidentiary test to cause the defendant's alcohol concentration to exceed the level specified in the applicable clause. Evidence that the defendant consumed alcohol after the time of the violation may not be admitted in defense to any alleged violation of section 169A.20, unless notice is given to the prosecution prior to the omnibus or pretrial hearing in the matter.

Subd. 2.Impairment from prescription drug. If proven by a preponderance of the evidence, it is an affirmative defense to a violation of section 169A.20 subdivision 1, clause (7) (presence of schedule I or II controlled substance), that the defendant used the controlled substance according to the terms of a prescription issued for the defendant in accordance with sections 152.11 and 152.12.



This information is not all inclusive, and because of the ever-changing nature of the law, is not guaranteed to be accurate.  This information, as well as additional information, is available on the Minnesota Office of the Revisor of Statutes .  For more information, or a review of your case, please contact Ascheman & Smith for your free review.  Law@AschemanSmith.com 612-217-0077

7 comments (Add your own)

1. wrote:
I think that everything published made a bunch of sense.
But, think about this, suppose you were to create a awesome headline?
I ain't suggesting your information isn't solid, however what if you added a headline that
makes people want more? I mean DWI Affirmative Defenses | Ascheman Law |
612-217-0077 is kinda plain. You should glance at Yahoo's home page and note how they create article titles to get
viewers to open the links. You might try adding a video or
a picture or two to grab people interested about what you've
got to say. Just my opinion, it could make your website a little bit more interesting.

Thu, May 9, 2019 @ 12:44 PM

2. wrote:
My brother suggested I might like this blog. He was entirely right.
This post truly made my day. You cann't imagine
simply how much time I had spent for this information! Thanks!

Mon, May 13, 2019 @ 9:48 AM

3. wrote:
You can certainly see your skills within the article you write.
The world hopes for even more passionate writers like
you who are not afraid to say how they believe.
Always go after your heart.

Fri, May 17, 2019 @ 5:06 AM

4. wrote:
This post is genuinely a pleasant one it helps new web people, who are wishing in favor of blogging.

Fri, May 31, 2019 @ 8:04 PM

5. wrote:
Every weekend i used to pay a visit this website, for the reason that i want enjoyment, since this this site
conations genuinely good funny information too.

Tue, July 9, 2019 @ 3:24 AM

6. wrote:
Wow, superb blog layout! How long have you been blogging for?
you made blogging look easy. The overall look of your website is magnificent, as well
as the content!

Wed, July 17, 2019 @ 12:33 AM

7. wrote:
We're a group of volunteers and starting a new scheme in our community.
Your web site provided us with valuable information to work
on. You have done a formidable job and our whole community
will be thankful to you.

Thu, July 18, 2019 @ 7:16 AM

Add a New Comment


code
 

Comment Guidelines: No HTML is allowed. Off-topic or inappropriate comments will be edited or deleted. Thanks.