What happens if I get a DWI in Minnesota?

Minnesota classifies DWI by "degree" (1st-4th), with the level depending on the number of aggravating factors present (prior DWIs in 10 years, BAC 0.16%+, child passenger).

1. Per Se BAC Standard

Minn. Stat. § 169A.20 sets adult per se DWI at 0.08% BAC and "alcohol concentration of 0.16 or more" as an aggravating factor; commercial limit is 0.04% under § 169A.20(1)(5); under-21 "Not a Drop" zero tolerance is 0.00% under § 169A.33.

2. Implied Consent

Minn. Stat. § 169A.51 requires submission to chemical testing. Refusal under § 169A.20(2) is a separate gross misdemeanor crime (more serious than first-offense DWI), with 1-year minimum license revocation; the refusal hearing must be requested within 30 days.

3. First-Offense Penalties

4th Degree DWI (misdemeanor, no aggravating factors): up to 90 days jail, $1,000 fine, 90-day license revocation (30 days if BAC under 0.16%), plate impoundment optional. 3rd Degree DWI (one aggravating factor): gross misdemeanor, up to 1 year jail, $3,000 fine, 1-year revocation, mandatory plate impoundment. Ignition interlock available for limited license under § 171.306.

4. Enhancements

2nd Degree DWI (two aggravating factors): gross misdemeanor, vehicle forfeiture available under § 169A.63. 1st Degree DWI (three priors in 10 years, OR any prior felony DWI, OR vehicular homicide prior) is a felony under § 169A.24 with 3-7 year prison and mandatory vehicle forfeiture. Criminal vehicular homicide (§ 609.2112) is a 10-year felony.

5. Administrative License Suspension (ALS)

The arresting officer issues a Notice and Order of Revocation; revocation takes effect 7 days after notice (or 30 days for first non-test failure). You may file a judicial review petition within 60 days in district court.

6. Court Process

First appearance, omnibus hearing for evidentiary challenges (Minn. R. Crim. P. 11), pretrial conferences, plea bargaining, and 6-person jury trial in district court.

7. Long-Term Consequences

SR-22 not state-required (insurer-imposed); federal CDL disqualification for 1 year (49 C.F.R. § 383.51); first DWI is not expungeable as a matter of right but may be petitioned after 2 years under § 609A.02; license plate impoundment ("whiskey plates") creates public stigma.

This is legal information, not legal advice.