Minnesota’s not-a-drop law makes it a misdemeanor for anyone under 21 to drive, operate, or be in physical control of a vehicle with any physical evidence of alcohol consumption in their body. A conviction carries up to 90 days in jail and a $1,000 fine, and the Commissioner of Public Safety must suspend the driver’s license for 30 days on a first offense.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 169A.33 – Underage Drinking and Driving
What the Law Prohibits
The statute, Minnesota Section 169A.33, has two triggers: driving while consuming alcohol, or driving after consuming it while physical evidence of that consumption is still in the body.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 169A.33 – Underage Drinking and Driving There is no minimum blood-alcohol number to clear. A trace amount on a breath test, the odor of alcohol, or another detectable sign of recent drinking is enough to complete the offense.
That is the part most people misread. Adult drivers in Minnesota can legally drive below 0.08. The not-a-drop statute does not set a comparable floor like 0.02 for underage drivers. It skips the number and asks whether there is any physical evidence the person drank.
Who It Covers
The law applies to anyone under 21 who is driving, operating, or in physical control of a motor vehicle.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 169A.33 – Underage Drinking and Driving Physical control is broader than most people expect. You do not need to be moving or have the engine running. Sitting in the driver’s seat with access to the keys can be enough, even in a parked car.
Criminal Penalties
A not-a-drop violation is a misdemeanor.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 169A.33 – Underage Drinking and Driving Under Minnesota’s general criminal code, that means up to 90 days in county jail, a fine of up to $1,000, or both.2Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 609.02 – Definitions Judges rarely impose the maximum jail time on a first offense with trace levels. The lasting consequence is usually the conviction itself and what it does to your record.
To convict, the state must prove beyond a reasonable doubt that you were under 21, that you were driving or in physical control of a motor vehicle, and that physical evidence of alcohol consumption was present in your body.
License Suspension
The license consequence is automatic and runs separately from anything the criminal court orders. When a court finds you committed a not-a-drop offense, it notifies the Commissioner of Public Safety, who suspends the license for 30 days on a first offense. A second or subsequent violation triggers a 180-day suspension.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 169A.33 – Underage Drinking and Driving The commissioner has no discretion to shorten these periods.
After the suspension ends, reinstatement runs through the Department of Public Safety’s Driver and Vehicle Services Division, including any applicable fees.3Minnesota Judicial Branch. Minnesota Judicial Branch – Driver’s License Issues Drivers who are 16 or 17 face an added setback. Minnesota requires 12 consecutive months on a provisional license with no underage alcohol violations before a driver under 18 can move up to a standard license, so a conviction resets that clock.4Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 171.04 – Persons Not Eligible for Drivers Licenses
When a DWI Charge Applies Instead
The not-a-drop law fills the space between zero alcohol and legal impairment. If an underage driver’s BAC reaches 0.08 or higher, Section 169A.33 steps aside. The statute says that when the same conduct also violates Minnesota’s DWI law under Section 169A.20, the DWI penalties and license sanctions apply instead.1Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 169A.33 – Underage Drinking and Driving A fourth-degree DWI is still a misdemeanor, but the administrative side is harsher, including longer revocation periods and a $680 reinstatement fee.5Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 171.29 – Reinstatement Fees and Surcharges
Insurance and Other Costs
Auto insurance rates almost always climb after any alcohol-related driving offense. Insurers treat even a trace-alcohol misdemeanor as a serious risk indicator, and increases of 50 percent or more are common for young drivers who already pay elevated premiums. Some carriers drop underage policyholders outright, which pushes them into the high-risk market.
Minnesota may also require an SR-22 certificate of financial responsibility after an alcohol-related license action. An SR-22 is not a separate policy. It is a form your insurer files with the state to verify you carry at least the minimum required coverage, typically for several years, and any lapse triggers an automatic license suspension. Towing and vehicle storage fees from the initial stop can add a few hundred dollars more.
How the Stop and Chemical Testing Work
An officer needs reasonable suspicion of a traffic violation or criminal activity to pull you over. Swerving, speeding, running a red light, and equipment problems like a broken taillight all qualify. Sobriety checkpoints operate under a different legal framework, but once an officer suspects alcohol use, the testing process runs the same way.
If the officer observes signs of alcohol use, such as odor, slurred speech, or visible containers, they can request a preliminary breath test at the roadside. If that test or other observations point to drinking, the state can require a more precise evidentiary test of blood, breath, or urine. Under Minnesota’s implied consent law, holding a driver’s license means you have already agreed to submit to chemical testing when an officer has probable cause. Refusing is a separate offense and can result in license revocation on its own.
Effect on Your Record and Getting It Expunged
A misdemeanor conviction creates a criminal record that appears on background checks. For a student, that can matter at college admission, for scholarships that require a clean record, and for any job involving driving, a commercial driver’s license, security clearance, or work with vulnerable populations. Professional licensing boards in fields such as nursing, law, and education may treat a misdemeanor as a character issue worth reviewing.
Minnesota law provides a route out. Under Section 609A.015, most misdemeanor convictions, including not-a-drop offenses, become eligible for expungement two years after you complete your sentence. The Bureau of Criminal Apprehension is required to identify qualifying records automatically and seal them without a petition, though the process can take time after the waiting period ends.6Minnesota Office of the Revisor of Statutes. Minnesota Statutes Section 609A.015 – Expungement Any new offense during the waiting period resets the clock, so a clean two years is the fastest path to sealing the record.