Minnesota's DWI Laws and Violation Penalties

In Minnesota, the penalties you'll face for driving while impaired by drugs or alcohol (DWI) depend mainly on how many prior convictions you have. In this article, we cover how Minnesota defines the offense and the penalties you'll face for a conviction.

Minnesota's DWI Law

In Minnesota, a DWI, sometimes called "DUI," is defined as driving, operating, or being in physical control of a motor vehicle while:

• under the influence of alcohol or drugs
• under the influence of a controlled substance
• under the influence of an intoxicating substance that the driver knows or should know might cause impairment
• under the influence of marijuana
• having a blood alcohol concentration (BAC) of .08% or greater (a "per se" DWI), or
• having any amount of a Schedule I or II drug, except marijuana, in the body (also a per se DWI).

(Minn. Stat. § 169A.20 (2025).)

Following being lawfully arrested for DWI, Minnesota law also makes it a crime to refuse to take a breath, blood, or urine test. This offense is referred to as an implied consent or a test refusal crime. (Minn. Stat. §§ 169A.20, 169A.51, 169A.52 (2025).)

Aggravating Factors Affect the Penalties for a DWI

After being charged with a DWI, the severity of the penalties increases when "aggravating factors" are involved.

Aggravating factors are:

• a record of prior DWI offenses in the past ten years
• a BAC of .16% or more, or
• the presence of a child who's under the age of 16 in the vehicle.

(Minn. Stat. § 169A.03 (2025).)

Minnesota classifies DWIs into four degrees with first degree being the most serious and fourth degree being the least. The number of aggravating factors determines what degree a DWI is.

What Degree Is a First DWI?

A first DWI conviction without any aggravating factors is a fourth-degree DWI, which is a misdemeanor. (Minn. Stat. § 169A.27 (2025).)

A first DWI conviction with one aggravating factor is a third-degree DWI. A third-degree DWI is a gross misdemeanor. (Minn. Stat. § 169A.26 (2025).)

A first DWI conviction with two aggravating factors is a second-degree DWI. A second-degree DWI is a gross misdemeanor. (Minn. Stat. § 169A.25 (2025).)

What Degree Is a Second DWI?

A second DWI conviction with no other aggravating factors is a third-degree DWI. A third-degree DWI is a gross misdemeanor. (Minn. Stat. § 169A.26 (2025).)

A second DWI conviction with one other aggravating factor is a second-degree DWI. A second-degree DWI is a gross misdemeanor. (Minn. Stat. § 169A.25 (2025).)

What Degree Is a Third DWI?

A third DWI conviction generally is a second-degree DWI. A second-degree DWI is a gross misdemeanor. However, a third DWI can be a first-degree DWI if other factors exist (see below). (Minn. Stat. § 169A.25 (2025).)

What Is a First-Degree (Felony) DWI?

A DWI is a first-degree DWI in Minnesota if the driver:

• has 3 or more prior DWIs in the previous 10 years
• has a previous felony DWI conviction, or
• prior convictions for specific felony driving offenses.

A first-degree DWI is a felony. (Minn. Stat. § 169A.24 (2025).)

What Are the Penalties for a DWI?

After being charged with a DWI, a person faces two types of penalties—administrative and criminal. The severity of these penalties increases when "aggravating factors" are involved.

Administrative (License- and Vehicle-Related) Penalties for DWIs

Administrative penalties—which are administered by the Minnesota Department of Public Safety—are meant to provide a swift consequence. These penalties can be imposed upon a DWI arrest and may apply even if the offender is never criminally convicted of a DWI.

Administrative penalties can include:

• driver's license revocation
• plate impoundment, and
• vehicle forfeiture.

(Minn. Stat. §§ 169A.54, 169A.60, 169A.63 (2025).)

However, a driver might not face all of these consequences for a DWI offense.

Depending on the number of aggravating factors, the minimum length of a license suspension can be anywhere from 30 days to 6 years. (Minn. Stat. § 169A.54 (2025).)

Plate impoundment refers to the removal and surrender of a vehicle's license plates. The plate impoundment order applies to all vehicles registered in the offender's name, whether alone or jointly. To drive those vehicle(s) again, the offender must apply for special registration plates—more commonly known as "whiskey plates." (Minn. Stat. § 169A.60 (2025).)

Jail Time and Fines for DWI Convictions

Criminal penalties are imposed by the court following a DWI conviction based on the degree of the DWI. Similar to administrative penalties, the severity of criminal penalties increases when aggravating factors are involved.

Here are some of the possible penalties for the different levels of DWI offenses.

(Minn. Stat. §§ 169A.24, 609.02 (2025).)

Minnesota also imposes mandatory minimum jail sentences for felony DWIs and second and subsequent misdemeanor DWIs. The minimum sentences include:

• Second DWI Offense: 30 days of incarceration (each day jail time can be replaced with 8 hours of community service).
• Third DWI Offense: 90 days of incarceration or an intensive probation program that requires the offender to consecutively serve at least 6 days in a local correctional facility.
• First-Degree (Felony) DWI: 3-year mandatory minimum sentence.

The court may stay the mandatory minimum sentence for a first-degree DWI, but the judge must impose at least 180 days in jail if it's a fourth offense. For a second offense, the court may impose less than the mandatory minimum if it finds substantial mitigating factors. (Minn. Stat. §§ 169A.275, 169A.276 (2025).)

How to Get a Limited License Following a Minnesota DWI Revocation?

If the offender wants to drive during the license revocation period, the offender must apply for a limited license to drive to work, school, substance abuse treatment, or a counseling program. In most cases, an offender also must install an ignition interlock device (IID). (Minn. Stat. §§ 117.30, 117.306 (2025).)

How Long Does a DWI Stay on a Person's Record in Minnesota?

DWI records are retained by the courts, the Bureau of Criminal Apprehension, and Drivers and Vehicle Services (DVS).

By meeting certain conditions, a person can apply to have a misdemeanor or gross misdemeanor DWI sentence "expunged." An expunged record is sealed and can't be viewed by the public. However, the record is still available to be used by the courts in future sentencing decisions and by DVS for the official (and permanent) driving record. (Minn. Stat. §§ 609A.01 and following (2025).)

Keep in mind that a DWI from another state can count as a prior DWI for purposes of increasing administrative and criminal penalties. Minnesota also shares DWI records with other states.

What Are Minnesota's Underage DUI Laws and Penalties?

Minnesota makes it a crime for a person under the legal drinking age to drive a vehicle while having any amount of alcohol in the body. This law is commonly referred to as the "Not-a-Drop" law. It represents a zero-tolerance policy on underage drinking and driving. (Minn. Stat. § 169A.33 (2025).)

It's a misdemeanor for anyone younger than 21 to operate a vehicle while having any amount of alcohol in the body. A misdemeanor carries a penalty of up to 90 days in jail and a maximum $1,000 fine. If the offender is younger than 18, the offense is prosecuted in juvenile rather than adult court. (Minn. Stat. § 169A.33, 609.02 (2025).)

An underage offender's license is suspended for 30 days for a first offense. The license suspension increases to 180 days for a second offense. For unlicensed offenders, the violation places future restrictions on the offender's ability to get an instruction permit, provisional license, or driver's license. (Minn. Stat. § 169A.33 (2025).)

If the underage offender's level of impairment is severe enough to qualify as a DWI, the offender will face the penalties for that crime. (Minn. Stat. § 169A.33 (2025).)

Getting Help From a DWI Attorney

Minnesota DWI law is complex, and the facts of every case are different. If you've been arrested for driving under the influence, talk to an experienced DWI attorney in your area. A qualified DWI lawyer can tell you how the law applies to the facts of your case and help you decide on the best course of action.