The Minnesota impaired driving law — Minnesota Permit Test

The Minnesota impaired driving law on the Minnesota permit test — 4 rules, each with the reason behind it and a question on it while it is fresh.

The rules

A person with an alcohol concentration of 0.08 percent or higher who is in control of a moving or parked vehicle can be arrested for DWI.

Being parked is not a defense, because being in control of the vehicle is what the law names.

A person with an alcohol concentration of 0.08 percent or higher (0.04 percent if driving a commercial vehicle) who is in control of a moving or parked vehicle can be arrested for driving while impaired (DWI).

Minnesota Driver’s Manual, p.91

For a commercial vehicle the DWI threshold is 0.04 percent.

A bigger vehicle leaves less room for error, so the state halves the figure.

A person with an alcohol concentration of 0.08 percent or higher (0.04 percent if driving a commercial vehicle) who is in control of a moving or parked vehicle can be arrested for driving while impaired (DWI).

Minnesota Driver’s Manual, p.91

Where an officer can prove alcohol caused driving errors, a driver can be arrested for DWI with a concentration as low as 0.04 percent.

The limit is not a safe harbor: the driving itself can be the evidence.

If a law enforcement officer can prove that alcohol caused the driver to commit driving errors, the driver can be arrested for DWI with an alcohol concentration as low as 0.04 percent.

Minnesota Driver’s Manual, p.91

The DWI law also applies to off-road recreational vehicles and motorboats.

A snowmobile or a boat can kill somebody as readily as a car, and the law follows the driver.

This law also applies to the operation of off-road recreational vehicles and motorboats.

Minnesota Driver’s Manual, p.91

On the test

What alcohol concentration can bring a DWI arrest in Minnesota?

0.08 percent or higher. Being parked is not a defense, because being in control of the vehicle is what the law names. Minnesota Driver’s Manual, p.91: “A person with an alcohol concentration of 0.08 percent or higher (0.04 percent if driving a commercial vehicle) who is in control of a moving or parked vehicle can be arrested for driving while impaired (DWI).”

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Where these come from

Every rule here is checked against Minnesota Driver’s Manual, published by the Minnesota Department of Public Safety, and against the state code itself. Last checked 2026-09-22.