How much do you have to drink (BAC*) for a DWI in Minnesota?
| Under 21 | .00% (zero tolerance) |
| 21 or older | .08% |
** BAC = blood alcohol content
How many drinks does it take? Check the BAC chart.
What if you refuse to take a chemical test in Minnesota?
Minnesota has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about Minnesota’s implied consent law.
|
| 1st Offense | 2d offense | 3rd Offense |
| Refusal to take test | 1 year revocation of license | 1 year revocation of license | 1 year revocation of license |
What is the minimum jail time for a DWI in Minnesota?
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| 1st Offense | 2d offense | 3rd Offense |
| Minimum Jail | No minimum required jail term | 30 days jail | 90 days jail |
Lookback Period: 10 years (Period of time that prior DWIs are relevant for sentencing)
1st Minnesota DWI
First Drunk Driving Conviction (Fourth Degree DWI - Misdemeanor)
- Jail – Up to 90 Days
- Fine - $1,000
- License Suspension – Up to 90 Days
- License Suspension – 180 Days (If Alcohol Concentration .20 or Above*)
- License Suspension – 180 Days (If Passenger Under 16 in Vehicle*)
- License Suspension – 1 Year (DWI Test Refusal)
- Limited License – Must Wait 15 Days (If There are no *Aggravating Circumstances)
- Ignition Interlock Possible
- Fee - $250 License Reinstatement
- Fee - $430 License Reinstatement Surcharge
- Fee - $24 Driver License Application Fee
More Information: First Offense DWI in Minnesota
Can you plead to a lesser offense than DWI in Minnesota?
A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in Minnesota, but it's possible a lawyer may be able to create a plea bargain for you.
Important Note from the Editor
Disclaimer: We try to keep the information provided here up to date. However, laws often change, as do their interpretation and application. Different jurisdictions within a state may enforce the laws in different ways. For that reason, we recommended that you seek the advice of a local attorney familiar with DWI cases in your area.
2nd Minnesota DWI
Second Drunk Driving Conviction (Within 10 Years of Previous) - Third Degree DWI - Gross Misdemeanor
- Jail – Up to 1 Year
- Fine - $3,000
- License Suspension – 180 Days
- License Suspension – 360 Days (If Alcohol Concentration .20 or Above)
- License Suspension - 360 Days (If Passenger under Age of 16 in Vehicle)
- Limited License (Work or School) – Must Wait 90 Days
- Ignition Interlock Possible
- Fee - $250 License Reinstatement
- Fee - $430 License Reinstatement Surcharge
- Fee - $24 Driver License Application Fee
- Administrative License Plate Impoundment (All Vehicles - 1 Year)
- Issued Specially Coded Plate
More Information: Second Offense DWI in Minnesota
3rd Minnesota DWI
Third Drunk Driving Conviction (Within 10 Years of Previous) - Second Degree DWI - Gross Misdemeanor
- Jail – Up to 1 Year
- Fine - $3,000
- License Suspension – Cancelled Indefinitely Pending,
- Treatment / Rehabilitation / Abstinence for 1 Year
- Ignition Interlock Possible
- Administrative License Plate Impoundment (All Vehicles - 1 Year)
- Issued Specially Coded Plates
More Information: Third Offense DWI in Minnesota
4th Minnesota DWI
Fourth Drunk Driving Conviction (Within 10 Years of Previous)
- First Degree DWI – Felony
- Jail – Up to 7 Years
- Fine - $14,000
New Minnesota DUI Laws: IIDs
As of 2010, in order to have restricted driving privileges, those convicted of a DUI must allow the installation of an Interlock Ignition Device. Those who refuse the installation will be prohibited from any driving rights. The no-driving policy will range from 12 months to 6 years depending on the case.
Drinking and Driving Laws in Minnesota
The State of Minnesota prohibits the operation of a motor vehicle by drivers with a .08 percent or higher blood alcohol concentration (BAC).The .08 percent limit is the standard measurement used across the United States for the "impaired" driver. Minnesota has lower BAC limits defined for minors (.02 BAC) and commercial drivers (.04 BAC). Minnesota's DWI (driving while intoxicated) law includes impairment by alcohol and drugs such as marijuana, cocaine and barbiturates.
How many drinks does it take to reach the legal limit in Minnesota?
There isn't one right answer to this question, however there are calculators and charts that can help estimate your blood alcohol concentration level. These types of devices should only be used as a reference as each individual has unique physical characteristics such as weight, sex, body-fat percentage and genetics that play a role in determining their BAC level.
The best answer is not to drink and drive . The State of Minnesota has strict laws for drunk driving, and when you drink and drive in Minnesota, you risk your freedom, finances and your future.
The first time you are convicted of drunk driving in the State of Minnesota you will have your drivers license suspended for a minimum of 90 days.
This suspension could be reduced to 30 days if the offender pleads guilty to DWI. You will also be fined up to $1,000 and/or spend 90 days in jail. If your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.
The second time you are convicted of drunk driving (within 10 years of the first offense) your drivers license will be suspended for a minimum of 180 days. A work permit will be issued after half of the revocation time has passed and your reinstatement requirements have been met. You will also spend 1 year in jail and/or pay a $3,000 fine. Your license plates will be impounded.
When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.
The third time you are arrested for a DWI you will lose your drivers license for a minimum of 1 year. There will be no allowance for a work permit until the year has passed and you have met all of the reinstatement requirements.
You will be ordered to attend treatment and rehabilitation and show proof of abstinence for a minimum of 1 year, and lifetime abstinence is required after reinstatement. You will also be sentenced to 1 year in jail and/or a $3,000 fine. Your vehicle will be forfeited and the license plates will be impounded. When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.
You may be charged for a felony DWI if you have been arrested for the 4th time in 10 years for driving while intoxicated. Your drivers license may be revoked for 4 years and you will be ordered to attend treatment and rehabilitation and proof of abstinence for a minimum of 1 year, and lifetime abstinence is required after reinstatement.
If you are convicted of a felony DWI you could serve up to 7 years in prison with a possible 5 year conditional release plus a $14,000 fine. When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.
Drunk Driving Laws in Minnesota
Minnesota Drunk Driving and Wet Reckless Laws - Nolo.com
State of Minnesota BAC Laws:
- All drivers with a BAC of .08 or higher.
- Under 21 with a BAC of .00 or higher (Minnesota is a zero tolerance state).
- Commercial Vehicle Driver with a BAC of .04 or higher.
The Implied Consent Law in Minnesota
The implied consent law in Minnesota means that all drivers are required, by law, to submit to a chemical test of their blood, breath or urine if they are arrested for driving while intoxicated. It is a crime to refuse to submit to this test. If you do refuse a chemical test you will receive a 1 year suspension of your drivers license. The implied consent law in Minnesota applies to recreational vehicles, boats, snowmobiles and ATV's. When your drivers license is revoked,you will need to pay an additional $680 reinstatement fee, complete a DWI knowledge test, a drivers license application and a chemical assessment.
State of Minnesota DUI Information
Other Minnesota Information on this Website
Minnesota Teen Driving Laws, Insurance Requirements & Drivers License
