If the driver’s alcohol concentration is .08 or more, the driver is in violation of Minnesota Statute, Section 169A. If someone violates this law, it is prima facie evidence of negligence in a civil case (Minnesota Statutes, Section 169.96 (2006)). When a drunk driver is involved in an accident, people injured in the accident and the families of persons killed in the accident can file suit against the driver seeking compensation from the driver, his insurance company and a dram shop (bar, restaurant or other place that serves alcohol) if one is involved.
The injured party can ask for punitive damages, which, depending on the circumstances, can be significant. For example, our Minnesota car accident lawyers won $6,000,000 on behalf of a 26 year-old female passenger whose right leg was amputated when the motorcycle on which she was a passenger was struck by a drunk driver. Contact Attorney Fred Pritzker about this and other settlements and verdicts for victims of drunk driving accidents.
Even though there are severe criminal and civil consequences, drunk driving continues to be a problem in Minnesota.
According to the Minnesota Department of Public Safety, July Operation NightCAP (nighttime concentrated alcohol patrol) DWI enforcement campaigns resulted in 196 DWI arrests — the highest monthly total for DWI arrests in 2009. NightCAP is funded by the National Highway Traffic Safety Administration and is coordinated by the Minnesota Department of Public Safety.
NightCAP targets the 13 deadliest counties for impaired driving: Anoka, Blue Earth, Crow Wing, Dakota, Hennepin, Itasca, Ramsey, Rice, St. Louis, Sherburne, Stearns, Washington and Wright. During 2005–2007, these counties accounted for more than half of the state’s alcohol-related deaths (272) and serious injuries (663).
NightCAP efforts have generated 1,284 DWI arrests since enhanced DWI patrols began in fall 2008: Anoka (372), Blue Earth (89), Crow Wing (26), Dakota (61), Hennepin (270), Itasca (36), Ramsey (165), Rice (43), St. Louis (61), Sherburne (66), Stearns (36), Washington (36) and Wright (23).
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