DUI Laws in Minnesota (DWI)
Minnesota uses the term "DWI" for impaired driving offenses. The standard BAC limit is 0.08%. The lookback period is 10 years. 4th offense within 10 years. Below are the full details of Minnesota's DUI laws and penalties.
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Overview
Minnesota uses the term DWI (Driving While Impaired) and operates a unique dual-track system where administrative (license) and criminal penalties run independently. The state's implied consent law is among the strongest in the nation — refusing a chemical test is itself a crime carrying the same penalties as a DWI conviction. Minnesota classifies DWI offenses into four degrees (1st through 4th), with 1st degree being the most serious. A fourth DWI within 10 years or a DWI while under a canceled-as-inimical license is a felony carrying up to 7 years in prison. The state also has a unique 'whiskey plates' program that requires special registration plates for repeat offenders and high-BAC cases.
Official term: DWI
BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Commercial (CDL) | 0.04% |
| Under 21 | 0.00% (any amount) |
| Enhanced Penalty | 0.16% (aggravating factor that elevates offense degree) |
Penalties by Offense
| Offense | Classification | Jail Time | Fines | License Suspension | IID |
|---|---|---|---|---|---|
| 1st Offense | 4th Degree DWI — Misdemeanor | Up to 90 days | Up to $1,000 | 90 days (30-day hard suspension + 60 days restricted with IID or work permit) | Not mandatory for basic first offense; required if BAC 0.16%+ or test refusal (elevated to 3rd degree) |
| 2nd Offense | 3rd Degree DWI — Gross Misdemeanor (if within 10 years or with aggravating factor) | Up to 1 year; mandatory minimum 30 days (may be served on electronic monitoring after initial period) | Up to $3,000 | 1 year (may be eligible for restricted license with IID after 45 days) | Required for restricted license; minimum 1 year |
| 3rd Offense | 2nd Degree DWI — Gross Misdemeanor | Up to 1 year; mandatory minimum 90 days (may serve portion on electronic monitoring) | Up to $3,000 | 2 years minimum; cancellation as inimical to public safety | Required for 2+ years for any restricted license reinstatement |
| Felony | 1st Degree DWI — Felony | Up to 7 years in state prison; mandatory minimum 180 days (may serve 150 on electronic monitoring in some cases) | Up to $14,000 | License canceled as inimical to public safety for minimum 4 years; may be permanent in some cases | Required for minimum 3–6 years upon any license reinstatement; may be lifetime requirement |
Felony threshold: 4th offense within 10 years, OR any DWI while license is canceled as inimical to public safety. Lookback period: 10 years.
Additional Penalty Details
| Offense | Community Service | Probation | DUI School |
|---|---|---|---|
| 1st Offense | May be ordered as alternative to jail or condition of probation | Up to 2 years; standard conditions include abstinence, random testing, and chemical assessment | Required completion of a chemical use assessment and any recommended treatment or education program |
| 2nd Offense | May be ordered at court's discretion | Up to 2 years supervised | Required completion of chemical dependency assessment and full compliance with recommended treatment program |
| 3rd Offense | Court-ordered at judge's discretion | Up to 4 years supervised with intensive conditions | Mandatory intensive substance abuse treatment; completion required before license reinstatement |
| Felony | Court-ordered at judge's discretion | Up to 6 years supervised with intensive conditions following incarceration | Court-mandated long-term substance abuse treatment; must demonstrate sustained sobriety for license reinstatement |
Implied Consent Law
Under Minnesota's implied consent law (Minn. Stat. §169A.51), operating a motor vehicle in Minnesota constitutes consent to chemical testing. Critically, refusing a chemical test in Minnesota is itself a crime — not merely an administrative penalty. The Minnesota Supreme Court upheld criminal penalties for breath test refusal (but not blood test refusal without a warrant) following the Birchfield v. North Dakota (2016) framework.
Refusal penalties: Test refusal is a crime carrying the same penalties as the underlying DWI charge (up to gross misdemeanor or felony depending on circumstances). Administrative penalties: 1-year license revocation for first refusal. Refusal with aggravating factors (prior DWI, high BAC): 2+ year revocation. Vehicle forfeiture may also apply. Refusal elevates the offense degree (e.g., a first-offense refusal is treated as a 3rd degree gross misdemeanor rather than a 4th degree misdemeanor).
Aggravating Factors
| Factor | Impact |
|---|---|
| BAC of 0.16% or higher | Elevates offense degree by one level; mandatory IID; 'whiskey plates' required on all vehicles owned or operated by the offender |
| Prior DWI within 10 years | Each prior conviction elevates the offense degree; 4th offense within 10 years is a felony with up to 7 years prison |
| Child under 16 in the vehicle | Elevates offense degree by one level; potential separate child endangerment charges |
| Chemical test refusal | Refusal is a separate crime carrying same penalties as DWI; elevates offense degree; longer license revocation |
| Driving with a canceled license (inimical to public safety) | Automatically a felony regardless of number of priors; up to 7 years in prison |
| Causing great bodily harm or death | Criminal vehicular homicide (Minn. Stat. §609.21): up to 10 years imprisonment; criminal vehicular operation causing substantial bodily harm: up to 5 years |
DUI with Injury
Classification: Felony — Criminal Vehicular Operation / Criminal Vehicular Homicide
Criminal vehicular operation causing substantial bodily harm (Minn. Stat. §609.21): up to 5 years imprisonment and $10,000 fine. Criminal vehicular operation causing great bodily harm: up to 5 years. Criminal vehicular homicide (death): up to 10 years imprisonment and $20,000 fine. If the driver was under the influence and had a prior DWI, penalties may be enhanced to the maximum.
Underage DUI
Minnesota has a true zero-tolerance law for drivers under 21. Any detectable amount of alcohol triggers administrative action: first offense — 30-day license withdrawal. Second offense — 180-day withdrawal. These are administrative sanctions separate from any criminal DWI charges. If the underage driver's BAC is 0.08%+, full criminal DWI charges and penalties apply in addition to the zero-tolerance administrative action.
Diversion Programs
Program: DWI Court / Ignition Interlock Program
Minnesota operates DWI Courts in many counties that provide treatment-focused supervision for repeat offenders as an alternative to extended incarceration. The state also offers a broader Ignition Interlock Program that allows offenders to drive with an IID during their revocation period. Some counties offer diversion or stay-of-adjudication agreements for first-time offenders where the charge may be reduced or dismissed upon successful completion of conditions.
Eligibility: DWI Court is typically available for repeat offenders (2nd or 3rd degree) who demonstrate a substance use disorder and are willing to commit to intensive supervision. Stay-of-adjudication may be available for first-time offenders in some counties at the prosecutor's discretion. Offenses involving injury, death, or extremely high BAC may be excluded.
How Long a DUI Stays on Your Record
A DWI conviction remains on your Minnesota criminal record permanently. Minnesota allows expungement of certain criminal records, but DWI convictions are very difficult to expunge — courts consider the public safety implications and generally deny DWI expungement requests. For driving record and lookback purposes, DWI convictions count for 10 years. A DWI typically affects insurance rates for 5–10 years.
Key Statutes
- Minn. Stat. §169A.20
- Driving while impaired — defines all DWI offenses including alcohol, controlled substances, and hazardous substances
- Minn. Stat. §169A.24–169A.27
- DWI offense degrees — defines 1st through 4th degree DWI and corresponding penalties
- Minn. Stat. §169A.51
- Implied consent — chemical testing requirements, refusal as a crime, and administrative revocation procedures
- Minn. Stat. §169A.54–169A.55
- Administrative license revocation — procedures for plate impoundment, vehicle forfeiture, and license cancellation
- Minn. Stat. §609.21
- Criminal vehicular homicide and injury — felony penalties for DWI causing death or serious injury
Frequently Asked Questions
What is the penalty for a first DWI in Minnesota?
Is it a crime to refuse a breathalyzer in Minnesota?
What are whiskey plates in Minnesota?
When does a DWI become a felony in Minnesota?
How long does a DWI stay on your record in Minnesota?
What is the lookback period for DWI in Minnesota?
Can you get a restricted license after a DWI in Minnesota?
What happens if you get a DWI under 21 in Minnesota?
Related Guide
DUI license recovery in Minnesota→Step-by-step guide to getting your license back after a DUI in Minnesota — suspension periods, IID requirements, SR-22 insurance, reinstatement fees, and process.
Take Action — Direct Links
- Minnesota DVS — DWI Information
Official Driver and Vehicle Services information on license revocations, IID program, whiskey plates, and reinstatement after DWI
- Minnesota Judicial Branch — DWI Courts
Information on Minnesota's DWI Court programs, locations, and eligibility requirements
- Minnesota Legislature — DWI Statutes
Full text of Minnesota Statutes Chapter 169A covering all DWI offenses, degrees, penalties, and implied consent
- Minnesota Department of Public Safety — Impaired Driving
State impaired driving prevention resources, data, and educational materials
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- SR22 InsuranceSR22 insurance in Minnesota
- License ReinstatementLicense reinstatement in Minnesota
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