What are DWI penalties in Minnesota?
Minnesota DWI law is at Minn. Stat. §§ 169A.20-169A.55 and uses a unique four-degree gradation based on aggravating factors.
1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, any presence of alcohol for drivers under 21 ('Not-A-Drop' under § 169A.33).
2. Fourth Degree DWI (No aggravating factors) — Misdemeanor: up to 90 days jail, up to $1,000 fine, 90-day license revocation (or 30-day with IID for limited license), no plate impoundment.
3. Third Degree DWI (One aggravating factor) — Gross misdemeanor: up to 1 year jail, up to $3,000 fine, 1-year license revocation, mandatory IID, license plate impoundment, 30-day mandatory minimum jail (if prior DWI within 10 years).
4. Second Degree DWI (Two aggravating factors) — Gross misdemeanor: up to 1 year jail, up to $3,000 fine, 1-year revocation, plate impoundment, vehicle forfeiture, mandatory IID.
5. First Degree DWI (Felony — Three priors in 10 years OR prior felony DWI OR prior crim veh hom/asslt) — Felony: up to 7 years prison, up to $14,000 fine, mandatory minimum 3 years prison (if prior felony DWI), mandatory IID for life, vehicle forfeiture.
6. Aggravating Factors — (a) prior DWI conviction within 10 years, (b) BAC .16+, (c) child under 16 in vehicle.
7. Test Refusal — Crime under § 169A.20(2): treated as one degree higher than the underlying DWI for sentencing purposes. First refusal is a gross misdemeanor.
8. Ignition Interlock — Required for all repeat DWI offenders and first offenders with BAC .16+, for the entire revocation period.
9. Vehicle Plate Impoundment (§ 169A.60) — Triggered by Third Degree or higher; 'whiskey plates' option allows family use of vehicle.
10. Vehicle Forfeiture (§ 169A.63) — Triggered by Second Degree DWI or higher (or DWI on canceled license).
11. Implied Consent (§ 169A.51) — Refusing chemical test triggers automatic 1-year license revocation (separate from criminal case).
12. Criminal Vehicular Homicide While Intoxicated (§ 609.2112) — Felony: up to 10 years prison.
This is legal information, not legal advice.
- Any DWI charge — always get an attorney
- Accident with injuries
- Prior DWI convictions
- Aggravating factors present
- Minn. Stat. § 169A.20
- Minn. Stat. § 169A.51
- Minn. Stat. § 169A.60
- Minn. Stat. § 169A.63
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.