Minnesota DWI Laws & Penalties
Last reviewed:
Minnesota grades DWI by DEGREE (4th least severe → 1st felony), driven by the number of 'aggravating factors', NOT a simple offense count. Pages must explain the degree/aggravating-factor system. Also unique: license-plate impoundment and vehicle forfeiture.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0%, enhanced at 0.16%).
- Lookback period: 10 years. 10-year window for priors as aggravating factors. Degrees: 4th = no aggravators (misdemeanor); 3rd = 1 aggravator (gross misdemeanor); 2nd = 2 aggravators (gross misdemeanor); 1st = 3+ aggravators or 3+ priors in 10 years, or a prior felony DWI (FELONY).
- Primary statute: Minn. Stat. § 169A.20 (offense); §§ 169A.24–.27 (degrees)
0.16+ is an AGGRAVATING FACTOR (like a prior within 10 years, or a child under 16 aboard). Each aggravating factor bumps the degree up.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | 4th-degree DWI = misdemeanor (no aggravating factors) | none – 90 days | $0–$1,000 | 90 days (30 days if plea; less with quick IID) – 1 year (0.16+ or refusal → longer); hardship: IID immediately restores full driving; MN ignition-interlock program | Not required |
| Second offense | 3rd-degree (1 aggravator) or 2nd-degree (2 aggravators) = gross misdemeanor | 30 days (2nd-degree: some mandatory minimums) – 1 year; mandatory min escalates with aggravators; repeat within 10 yrs → mandatory minimums | $0–$3,000 (up to $3,000 (gross misdemeanor)) | 1 year+ revocation; license-plate impoundment ('whiskey plates') – multi-year; hardship: IID program | Required |
| Third offense | 1st-degree DWI = FELONY (3+ aggravators, or 3+ priors in 10 years, or prior felony DWI) | 3 years (presumptive; mandatory minimums apply) – 7 years (prison); mandatory min per felony guidelines; min 3-year conditional sentence structure | $0–$14,000 (up to $14,000) | multi-year cancellation ('inimical to public safety') – years; IID required to reinstate; hardship: IID program (mandatory) | Required |
First offense
- Classification: 4th-degree DWI = misdemeanor (no aggravating factors)
- Jail: none – 90 days
- Fine: $0–$1,000
- License suspension: 90 days (30 days if plea; less with quick IID) – 1 year (0.16+ or refusal → longer); hardship: IID immediately restores full driving; MN ignition-interlock program
- Alternative disposition: No formal diversion; the degree structure is the mechanism. 3rd-degree (one aggravator, e.g. 0.16+) = gross misdemeanor even on a 'first' arrest.
- Interlock: IID optional first offense (restores driving fast); mandatory at 0.16+ and repeats.
- A first arrest at 0.16+ is 3rd-DEGREE DWI (gross misdemeanor), not 4th — the aggravating-factor system, not offense count, controls.
Second offense
- Classification: 3rd-degree (1 aggravator) or 2nd-degree (2 aggravators) = gross misdemeanor
- Jail: 30 days (2nd-degree: some mandatory minimums) – 1 year; mandatory min escalates with aggravators; repeat within 10 yrs → mandatory minimums
- Fine: $0–$3,000 (up to $3,000 (gross misdemeanor))
- License suspension: 1 year+ revocation; license-plate impoundment ('whiskey plates') – multi-year; hardship: IID program
- Interlock: IID mandatory to regain driving; license-plate impoundment at 2 aggravating factors.
- Vehicle forfeiture possible at 2nd-degree; plate impoundment common.
Third offense
- Classification: 1st-degree DWI = FELONY (3+ aggravators, or 3+ priors in 10 years, or prior felony DWI)
- Jail: 3 years (presumptive; mandatory minimums apply) – 7 years (prison); mandatory min per felony guidelines; min 3-year conditional sentence structure
- Fine: $0–$14,000 (up to $14,000)
- License suspension: multi-year cancellation ('inimical to public safety') – years; IID required to reinstate; hardship: IID program (mandatory)
- Vehicle forfeiture; plate impoundment.
Refusing a chemical test (implied consent)
Test refusal is a SEPARATE CRIME in Minnesota (gross misdemeanor — but post-Birchfield/Trahan, breath-test refusal remains criminal while blood/urine refusal without a warrant cannot be). Refusal is itself an aggravating factor and triggers longer revocation and plate impoundment.
Statute: Minn. Stat. § 169A.20, subd. 2; § 169A.51–.53
Ignition interlock
MN Ignition Interlock Device Program lets revoked/cancelled DWI drivers regain full driving with an IID; mandatory for 0.16+, refusals, and repeat offenders; 'whiskey plate' impoundment and vehicle forfeiture are distinctive MN sanctions.
Statute: Minn. Stat. § 171.306
Frequently asked questions
What is the penalty for a first DWI in Minnesota?
A first DWI in Minnesota is a 4th-degree DWI = misdemeanor (no aggravating factors). Jail: none – 90 days. Fine: $0–$1,000. License suspension: 90 days (30 days if plea; less with quick IID) – 1 year (0.16+ or refusal → longer); hardship: IID immediately restores full driving; MN ignition-interlock program.
What is the legal BAC limit in Minnesota?
0.08% for most drivers, 0.04% for commercial drivers, and 0% for drivers under 21.
How long does Minnesota look back at prior DWI offenses?
10 years. 10-year window for priors as aggravating factors. Degrees: 4th = no aggravators (misdemeanor); 3rd = 1 aggravator (gross misdemeanor); 2nd = 2 aggravators (gross misdemeanor); 1st = 3+ aggravators or 3+ priors in 10 years, or a prior felony DWI (FELONY).