An Overview of Minnesota’s DWI Laws:
M.S.169A.33 (Not A Drop)
It is illegal for a person under age 21: To operate a motor vehicle while consuming alcoholic beverages or the physical condition of having ingested an alcoholic beverage. If a person’s alcohol-concentration level is 0.08 or more, regular DWI laws apply instead of the underage consumption while driving offense.
A commercial server can be fined up to $2,000 and/or license suspension or revocation for selling or distributing alcoholic beverages to a person under the age of 21.
M.S.340A.503 subd. 1
It is illegal: For a liquor establishment to permit any person under the age of 21 years to drink alcoholic beverages on the licensed premises.
M.S.340A.503 subd. 2
It is illegal for a person: To sell, barter, furnish of give alcoholic beverages to a person under the age of 21. To persuade to purchase or obtain any alcoholic beverage, or to lend or knowingly allow the use of a person’s driver’s license, permit, Minnesota Identification card or any other form of identification for a person under the age of 21. It is illegal for any person under the age of 21: To purchase or attempt to purchase any alcoholic beverage.
M.S.340A.503 subd. 3
It is illegal for a person under the age of 21: To possess any alcoholic beverage with the intent to consume it. For possession in the household of the person’s parent or guardian, an exception applies. Possession at a place other than the household of the parent or guardian creates the presumption of intention to consume.
M.S.340A.503 subd. 4
It is illegal for a person under the age of 21: To enter a liquor establishment for the sale of alcoholic beverages or for the purpose of purchasing or having served or delivered any alcoholic beverage.
M.S.340A.503 subd. 5
It is illegal for a person under the age of 21: To claim to be 21 years of age or older for the purposes of purchasing alcoholic beverages.
M.S.340A.507 subd. 4
It is illegal: For a manufacturer, wholesaler or retailer of alcoholic beverages to conduct, sponsor or contribute financially to activities that are held on college campuses or other post-secondary institutions of learning, that involve the consumption or sale of alcoholic beverages.
M.S.304.513 subd. 2
Off-sale retailers must affix an identification label or tag to each beer keg that is for sale. The retailer will record the purchaser’s ID information, date and time of purchase, keg ID number and purchaser’s signature. The record will be kept for 90 days.
M.S.340A.701 subd. 1 (Kevin’s Law)
It is illegal: For a person other than a licensed retailer of alcoholic beverages to sell, barter, furnish, or give alcoholic beverages to a person under 21 years of age if that person becomes intoxicated and causes or suffers death or great bodily harm.
It is illegal: For a licensed retailer to provide alcohol to a minor. If the minor suffers great bodily harm or death as a result of intoxication, the provider can be charged with a gross misdemeanor.
It provides for common law tort: Against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages to a person under the age of 21 years.
M.S.340A.90 (Civil Liability, Cause of Action)
A statutory cause of action has been created: For any person injured by an intoxicated person under age 21, giving the injured party the right of civil third-party liability action for damages, excluding homeowners’ insurance coverage.
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