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 (three or more prior qualified incidents 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 first-degree DWI — a fourth offense within 10 years, any DWI after a prior felony DWI conviction, or any DWI after a prior felony criminal vehicular operation conviction — is a felony carrying up to 7 years in prison with a mandatory 3-year prison sentence. 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; a limited license is available after 15 days, and the revocation drops to 30 days upon conviction for a first offender over 21 (BAC under 0.16%); BAC 0.16%+ or refusal: at least 1 year, with driving allowed only through the ignition interlock program | Not mandatory for a basic first offense; if BAC is 0.16%+ or the test was refused, driving during the revocation is allowed only through the ignition interlock program (at least 1 year) |
| 2nd Offense | 3rd Degree DWI — Gross Misdemeanor (if within 10 years or with aggravating factor) | Up to 1 year; no mandatory minimum for a third-degree DWI — the 30-day mandatory minimum applies to second-degree violations (two aggravating factors, or refusal plus one) | Up to $3,000 | At least 1 year for a third-degree DWI with a 0.08–0.15 test result, with driving during the revocation allowed only through the ignition interlock program; BAC 0.16%+ or refusal with one prior: at least 2 years | Required for any driving during the revocation (ignition interlock program) |
| 3rd Offense | 2nd Degree DWI — Gross Misdemeanor | Up to 1 year; mandatory minimum 30 days for a second-degree DWI (Minn. Stat. § 169A.275) | Up to $3,000 | License canceled as inimical to public safety (three or more impaired-driving incidents within 10 years); reinstatement only through the ignition interlock program | Required for reinstatement and for any driving during the revocation |
| Felony | 1st Degree DWI — Felony | Up to 7 years in state prison with a mandatory minimum 3-year prison sentence (Minn. Stat. § 169A.276); the court may stay execution and impose at least 180 days of local confinement (30 consecutive) with intensive supervised probation | Up to $14,000 | License canceled as inimical to public safety; reinstatement requires completing treatment and the ignition interlock period (3–6 years depending on record) | Required for 3–6 years upon any license reinstatement |
Felony threshold: 4th offense within 10 years (three or more prior qualified incidents within 10 years), any DWI after a prior felony DWI conviction, or any DWI after a prior felony criminal vehicular operation conviction (Minn. Stat. § 169A.24). Driving on a license canceled as inimical to public safety is a separate offense under § 171.24 (gross misdemeanor; a felony after a prior § 171.24 conviction), not a felony upgrade of the DWI itself. 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) | Not a DWI degree factor: driving after cancellation (inimical) is a separate gross misdemeanor under Minn. Stat. § 171.24 (up to 1 year and $3,000; a felony after a prior § 171.24 conviction) |
| Causing great bodily harm or death | Criminal vehicular homicide (Minn. Stat. § 609.2112): up to 10 years imprisonment and $20,000; criminal vehicular operation causing great bodily harm (§ 609.2113): up to 5 years; substantial bodily harm: up to 3 years |
DUI with Injury
Classification: Felony — Criminal Vehicular Operation / Criminal Vehicular Homicide
Criminal vehicular operation causing great bodily harm (Minn. Stat. § 609.2113, subd. 1): up to 5 years imprisonment and a $10,000 fine; causing substantial bodily harm (subd. 2): up to 3 years and $10,000; causing bodily harm (subd. 3): gross misdemeanor, up to 364 days and $3,000. Criminal vehicular homicide (§ 609.2112): up to 10 years imprisonment and a $20,000 fine.
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. §609.2112–609.2113
- Criminal vehicular homicide and criminal vehicular operation — felony penalties for DWI causing death or bodily harm
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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