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  • MN State Laws

Alcohol and Other Drugs

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  • When it comes to alcohol, know these laws & ordinances

    State of Minnesota Laws City of Moorhead Ordinances

    Legal Drinking Age & Public Alcohol Consumption

    It is a violation of Minnesota State Law for anyone under the age of 21 to:

    • Consume alcoholic beverages, or have any measurable amount of alcoholic beverage in their system.
    • Purchase, attempt to purchase, or possess alcoholic beverages.
    • Misrepresent your age, attempt to use another's drivers license or false identification to gain entry into a liquor establishment or to purchase alcoholic beverages.
    • Enter a licensed liquor establishment to purchase or be served alcoholic beverages.

    It is a violation of Minnesota State Law for anyone, regardless of age, to be in possession of an open container of alcoholic beverage in a public place.

    Selling, bartering, furnishing, or giving alcoholic beverages to a person under 21 years of age is a gross misdemeanor offense with a maximum penalty of 0-1 year imprisonment and/or $3,000 fine.

    Delivery or furnishing of alcoholic beverages to a person under the age of 21 is a gross misdemeanor offense under Minnesota State Law, punishable by up to $3000 fine and/or one year in jail.

    Driving Under the Influence (DUI)

    Minnesota law makes it illegal to drive while under the influence of alcohol, a controlled substance, or both. A blood alcohol level of .08 or more is considered intoxicated.

    A police officer can require you to provide a breath, blood, or urine sample for testing. If you refuse, you will lose your driving privileges in Minnesota for one year. It is also a gross misdemeanor offense to refuse to take the test if you have previously been convicted of DUI or if you've been asked to take a test before.

    An open bottle or container of alcohol in a motor vehicle is also against the law.

    LIKELY CONSEQUENCES of a conviction for driving while under the influence of alcohol or drugs include:

    • A fine of up to $700.
    • Loss of your driver's license for 90+ days.
    • Enhanced penalty for a BAC over .20.
    • Retake Minnesota drivers' license exam, both written and driving, and pay a $200 reinstatement fee to have your driving privileges renewed in Minnesota.
    • Nonresidents can expect their home states to be notified of the conviction. Many home states will suspend your driver's license for an additional period of time.
    • $75 + fee for a chemical dependency interview with a counselor.
    • Mandatory compliance with chemical dependency counselor's recommendations.
    • 90-day jail sentence stayed on condition the fine is paid and no similar convictions occur within 2 years.
    • Insurance costs will increase substantially for at least 3 years.

    REPEAT OFFENSES: A second offense of DUI within five years, or a third within 10 years, will be charged as a gross misdemeanor with a maximum possible sentence of 1 year in jail and/or a $3000 fine. All of the consequences listed above become more serious upon a second offense.

    Noise (Party) Ordinance (City Code 4-4-2)

    • No person shall congregate at, or participate in any party or gathering of two or more people from which noise emanates of a sufficient volume so as to disturb the peace, quiet, or repose of another person. No person shall knowingly remain at such a noisy party or gathering.
    • Noise which is audible for 50 feet from a residence is prima facia evidence of a noise violation.
    • Everybody other than the owner, must disperse if directed to do such by police.
    • Owner/Renter has the duty to cooperate in dispersing guests as directed by police.
    • Violation of any of these provisions is a misdemeanor offense which may result in up to a $700 fine, and or 90 days in jail. (which may apply to the tenant as well as the owner of the property).
    • Repeated violations may result in administrative action against owner and possessor of rental license.

    Disorderly Conduct Ordinance (City Code 9-7-12)

    If a rental unit has more than two instances of disorderly behavior within a year, the landlord may lose his/her rental registration for the property and all tenants must vacate the property. Some of the activities deemed disorderly under this ordinance are noisy parties, possession of controlled substances, minors consuming alcohol, sale of intoxicating liquor, prostitution, unlawful possession of weapons and conduct which annoys, threatens or harasses neighbors.