Minneapolis Drug DWI Lawyer

Were You Arrested for Driving Under the Influence of Drugs in Minnesota?

According to section 169A.20 of Minnesota law, it is illegal for a person to be in physical control of a vehicle while under the influence of a controlled substance or any other hazardous substance that affects the brain, nervous system, or muscles. Not only does this refer to illegal narcotics, but it also includes certain prescription drugs.

If you have been arrested and accused of driving under the influence of drugs, contact Tamburino Law Group and speak with a Minneapolis DWI drugs attorney about what to do next. With your rights and driving privileges on the line, you should not risk a criminal conviction by attempting to handle your charges without the help of an experienced lawyer.

Why Choose Tamburino Law Group?

• 100+ years of experience
• Former Minnesota prosecutors
• Attorney Joe Tamburino is a Board Certified Criminal Law Specialist
• Our attorneys have been featured in the Super Lawyers® list for 15 consecutive years
• Available days, nights, and weekends
• Free, confidential, no-obligation case evaluations

Our firm has handled DWI cases since 1983 and is familiar with the best ways to protect our clients. Experienced in the courtroom and respected by our peers, our attorneys have obtained numerous favorable outcomes for clients. The outcome of your case will depend on the quality of representation you choose, so turn to us for help during this challenging time.

We’re available 24/7 to offer you a FREE case evaluation. Call (612) 444-5020 now.

Common Types of Drugs in Minnesota DWI Cases

In Minnesota, a DWI isn't limited to illegal street drugs. You can be charged for being under the influence of any substance that impairs your ability to safely operate a motor vehicle.

• Marijuana and THC: Even though recreational cannabis is legal in Minnesota, driving while impaired by THC remains a crime. Because THC stays in the system long after the "high" wears off, these cases are frequently fought over the timing of consumption versus the timing of driving.
• Prescription Medications: Many people are surprised to learn they can be arrested for taking their own medication as prescribed. Common culprits include benzodiazepines (Xanax, Valium), sleep aids (Ambien), and opioid pain relievers (OxyContin, Vicodin).
• Illicit Substances: This includes Schedule I and II drugs such as cocaine, methamphetamine, heroin, and MDMA. In Minnesota, having any amount of a Schedule I or II drug (other than marijuana) in your system while driving is a "per se" violation.
• Over-the-Counter (OTC) Meds: Strong antihistamines or cough syrups that cause drowsiness can lead to a valid DWI arrest if they impair your "clearness of intellect."

Minnesota is a Zero-Tolerance State

Minnesota is a zero-tolerance state when it comes to driving under the influence of drugs (DUID). This means that a driver will be arrested if an officer has a reasonable suspicion that he or she is operating a vehicle with any Schedule I or Schedule II controlled drug in their system. 

This is a per se charge, meaning that there does not actually need to be any impairment in driving ability for the driver to be charged with DWI.

If a person is found to be under the influence of a hazardous substance, then he or she will face DWI charges. However, this law does not apply to marijuana or marijuana metabolites (the chemical substance that remains after marijuana has been metabolized in a person’s body).

Drug DWI Penalties

The penalties for a drug DWI in Minneapolis depend on the "degree" of the offense. Degrees are determined by aggravating factors, such as prior impaired driving incidents within the last 10 years or having a child under 16 in the vehicle.

Administrative Penalties:

Beyond jail and fines, you face immediate administrative consequences:

• License Revocation: Ranges from 30 days for a first offense to several years for repeat offenders.
• Plate Impoundment: "Whiskey plates" may be required for certain second-time offenders or those with high-level aggravating factors.
• Mandatory Treatment: Under the 2026 rules, most offenders must complete a chemical use assessment and follow all recommended treatment to regain driving privileges.

Defense Strategies for Drug DWI

Defending a drug-based DWI requires a different toolkit than an alcohol case. There is no "breathalyzer" for drugs that provides an instant, accurate reading of impairment. We often utilize the following strategies:

• Challenging the Initial Stop: Did the officer have a "reasonable articulable suspicion" to pull you over? If the stop was illegal, the evidence that followed—including blood or urine tests—may be suppressed.
• Attacking the DRE Evaluation: Police often use a "Drug Recognition Expert" (DRE). We scrutinize their 12-step evaluation for procedural errors and subjective bias.
• Blood/Urine Test Accuracy: We investigate the chain of custody, the calibration of laboratory equipment, and the potential for "passive exposure" or lingering metabolites that do not prove active impairment.
• Prescription Defense: While a prescription isn't an automatic "get out of jail free" card, we can argue that your driving was not actually impaired or that you were using the medication as directed without warning of impairment.

Drug DWI FAQs

Can I refuse a blood or urine test in Minnesota?

If an officer has a search warrant, you must submit to a blood or urine test. Refusal to comply with a warrant is a separate, often more serious crime than the DWI itself. However, you generally have the right to consult with a lawyer before deciding.

What is the "Substance Use Testing Program"?

Introduced in recent legislation, this program is the drug-related equivalent of ignition interlock. To get your license back after certain drug DWI offenses, you may be required to submit to regular, monitored drug testing to prove sobriety.

Is it a DWI if I have a Medical Marijuana card?

Yes. Minnesota law does not provide an exception for medical marijuana. If the THC impairs your driving, you can be charged.

Don’t Wait to Seek the DWI Defense You Need

The Minneapolis drugged driving lawyers at our firm have fought and won numerous DWI cases during their years in practice. When you discuss your case with one of our attorneys, we can investigate the results of any urine or blood tests taken to determine the presence of drugs in your system, and look into whether the appropriate protocol was followed during testing to ensure accuracy. Then, we can determine the appropriate course of action based on the circumstances surrounding your arrest.

Contact Tamburino Law Group at (612) 444-5020 to discuss your case with our drug DWI lawyers in Minneapolis.