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Kelly Law Office
10709 Wayzata Blvd. #205
Minnetonka, MN 55305
Phone: (952) 544-6356
Fax: (952) 525-7924
Mobile: (612) 735-3797
Email: dave@kelly-law.com

Beginning at midnight, if the flashing lights of a squad car appear behind you and the officer asks you to take an alcohol test, a blood-alcohol level of 0.08 or more will make you a drunken driver.

Minnesota was the last state to lower its level from 0.10 to 0.08 percent. Since Gov. Tim Pawlenty signed the law in May 2004 that would change the level, other states adjusted their levels, and Minnesota's was the last to take effect.

Here are some answers about the change and how it might affect you, based on interviews and information from the state Department of Public Safety and the National Highway Transportation Safety Administration.

Why was the legal blood-alcohol level changed?

The state will receive nearly $20 million for building and improving state and local roads that was being withheld by the federal government for not passing the .08 law before 2003. Also, Minnesota State Patrol Sgt. Don Marose said "We kill over 200 people in Minnesota every year in alcohol-related crashes. It's got a pretty significant public safety price tag on it."

How many drinks can I drink now and still be able to drive?

It depends. The degree of impairment is influenced by gender, age, physical condition, amount of food consumed, medications and other factors. Also, different drinks contain different amounts of alcohol. What matters is how much alcohol is consumed, not how many drinks.

Is the State Patrol anticipating more stops for driving while intoxicated (DWI)?

No, Marose said. "I don't know that we would certainly pull over more people," he said. "That part of the process isn't going to change."

Have alcohol-related crashes decreased in other states when they lowered the limit?

Wisconsin has seen nearly a 2 percent decrease in alcohol-related crashes and almost a 14 percent decrease in alcohol-related fatalities a year after implementing a .08 law. Since South Dakota put .08 in effect in 2002, alcohol-related crashes have decreased by 2.1 percent from the average of the previous three years.

What is impaired at .08 blood-alcohol content?

From the time drivers begin drinking, they are impaired. At .01, drivers' ability to divide their attention, the time it takes to react to choices and their visual functions are impaired. At .02, steering is impaired. Eye movement control and emergency responses are impaired at .03. At .04, drivers lose coordination; at .05, judgment and the ability to process information are compromised; at .08, concentration and speed control are impaired.

How many drunken driving arrests were there in Minnesota last year?

34,413.

What's the average blood-alcohol level of the drivers pulled over in Minnesota?

0.16.

Who usually gets pulled over for sobriety tests?

Twenty-something men. Last year, males accounted for 77 percent of impaired-driving incidents. People in their 20s committed 43 percent of the incidents.

What is Minnesota doing to inform young drivers about the .08 change?

In addition to TV and radio spots announcing "Legal Limit is .08 -- Don't Blow It," the Department of Public Safety has produced bar coasters and promotional signs that feature the federally funded campaign's logo.

Are bars and nightclubs doing anything to notify customers about the change?

Some are, some aren't. Because the customers at Sgt. Preston's Saloon & Eatery near the University of Minnesota's West Bank campus are college students who live in the area, the bar won't be promoting the .08 change. The Refuge Bar & Grill in downtown Minneapolis is putting signs up to alert its customers. Gay '90s manager Jim Hanson says the M.C. for the La Femme drag show will probably mention the change in her preshow schtick. No bar managers interviewed said they would cut drinkers off sooner.

Are bars expecting the .08 change to affect alcohol sales?

No, was the consensus. "At this point, it couldn't get any worse, because of the smoking ban. With that already ruining business, I don't think .08 is going to make it any worse than it is," Hanson said.

If pulled over, should I agree to take a Breathalyzer test?

According to Minnetonka attorney Dave Kelly, "The answer is almost always yes ... because the penalties are just nasty if you don't." Refusal of a breath test is a gross misdemeanor that could get you jail time and a fine and cost you your license for a year.

What are the legal and financial consequences of getting a DWI conviction?

First-offense penalties for DWI can get up to a 90-day license revocation, 90 days in jail and/or a $1,000 fine. A fourth drunken-driving arrest in 10 years will be a felony charge, resulting in a loss of license for four years and up to seven years in prison.

Is it true that if a drunken driver sucks on a penny, the copper alloy residue will throw off the machine?

No. Marose said that in officer training workshops, volunteers have tried the "suck on a penny" experiment, and it has made no difference.

How about breath mints, eating peanut butter or smoking a cigar?

No, no and no. "I don't think a lot of the myths are intended to fool the test. I think they're intended to try to fool my nose so I don't smell the alcohol," Marose said. "I arrested a guy who threw eight Altoids in his mouth as I was pulling him over. ... He ended up getting arrested ... [and] convicted for DWI."

Alexandra Zayas is at azayas@startribune.com.