Is It a Matter of When, Not If, Minnesota Will Lower the Legal BAC Limit to .05?
We’ve been closely following the national and international shift in how governments handle impaired driving laws—and the direction is clear: the legal blood alcohol content (BAC) limit for drivers is trending downward. What used to be a .10% standard dropped to .08%, and now we’re seeing serious conversations about bringing that number down to .05%.
Minnesota still holds the legal line at .08%, but for how long? We should add that Minnesota also uses the tool of being under the influence which can be well below the .08% percent standard.
If you are facing DWI charges in St. Paul, Ramsey County or anywhere in the Twin Cities., contact Jack Rice Defense for a free confidential consultation at 651-447-7650 or 612-227-1339.
“I was at a National College of DUI Defense Seminar in Chicago not long ago and was sitting next to a defense attorney from Salt Lake City and we discussed how they already have the .05%.”
Quebec Joins the Movement Toward .05%
Just across the northern border, Quebec is actively considering lowering its legal BAC limit from .08% to .05%. Organizations like MADD Canada and the provincial police force, the Sûreté du Québec, are strongly backing the proposal. The reason? Reducing impaired driving-related deaths and injuries. It’s a public safety argument that resonates—and one that has already led to policy shifts elsewhere.
While Canada's federal Criminal Code sets the national BAC limit for criminal charges at .08%, provinces have the authority to impose stricter administrative penalties at lower thresholds, including immediate suspensions and fines for drivers testing at or above .05%.
Quebec wouldn't be the first Canadian province to go this route, and the momentum behind the movement is hard to ignore. Public polling in Quebec shows widespread support for lowering the limit. Even without a formal change yet, it's increasingly looking like a matter of when, not if.
Utah Already Did It. Hawaii Is Considering It. So What About Minnesota?
The trend toward stricter BAC limits isn’t limited to Canada. Here in the U.S., Utah made headlines by lowering its BAC limit to .05%—the strictest in the country. Early results from that policy change showed a drop in traffic fatalities, proving that these stricter standards can have real impact.
Hawaii has also seriously considered the move, recognizing that impaired driving begins long before a person is visibly drunk.
So where does that leave Minnesota?
As conversations around impaired driving laws heat up nationwide—and with Minnesota’s northern neighbor Quebec weighing the same step—the pressure builds. It’s increasingly likely that Minnesota lawmakers will revisit our current .08% threshold, especially as evidence mounts that .05% limits reduce harm and save lives.
Why This Matters If You're Facing DWI Charges in Minnesota
Currently, Minnesota law sets the per se DWI BAC limit at .08%. But that doesn’t mean you can’t be charged with DWI at lower levels—especially if law enforcement believes alcohol impaired your ability to safely operate a vehicle.
And while the standard is .08% now, we may be on the cusp of a legal shift that lowers that bar significantly. That would not only change enforcement strategies but could also dramatically increase the number of drivers charged with DWIs—potentially even those who had just a couple of drinks with dinner.
That’s why having an experienced, aggressive defense attorney matters more than ever.
"Are we moving toward zero tolerance like Sweden and other Scandinavian countries?”
Call Jack Rice Defense Today
At Jack Rice Defense, we don’t just follow the law—we anticipate where it’s going. If you are facing DWI charges in Minnesota, you are already facing serious consequences, and those consequences may only grow more severe in the years ahead.
Call us for a free, confidential consultation at 651-447-7650 or 612-227-1339. Don’t wait until the law changes. Protect yourself now.