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It is a crime for any person to drive, operate, or be in physical control of any motor vehicle, as defined in section 169A.03, subdivision 15, within this state or on any boundary water of this state when the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more. It is a crime for any person to refuse to submit to a chemical test of the person’s breath under section 169A.51, or of the person’s blood or urine as required by a search warrant under sections 171.177 and 626.04 to 626.18. A person who violates section 169A.20 (driving while impaired) may be sentenced as provided in section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired).
How Minnesota DWI Charges Are Graded
Fourth-Degree DWI
A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of fourth-degree driving while impaired. Fourth-degree driving while impaired is a misdemeanor. “Misdemeanor” means a crime for which a person may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.
Source: Minn. Stat. § 169A.27
Third-Degree DWI
A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of third-degree driving while impaired if one aggravating factor was present when the violation was committed. A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of third-degree driving while impaired. Third-degree driving while impaired is a gross misdemeanor. “Gross misdemeanor” means a crime for which a person may be sentenced to imprisonment for not more than 364 days, or to payment of a fine of not more than $3,000, or both.
Source: Minn. Stat. § 169A.26
Second-Degree DWI
A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed. A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed. Second-degree driving while impaired is a gross misdemeanor. “Gross misdemeanor” means any crime which is not a felony or misdemeanor, and the maximum fine which may be imposed for a gross misdemeanor is $3,000.
Source: Minn. Stat. § 169A.25
First-Degree DWI Sentencing
The court shall sentence a person convicted of a violation of section 169A.20 (driving while impaired) under the circumstances described in section 169A.24 (first-degree driving while impaired) to imprisonment for not less than three years, and in addition, the court may order the person to pay a fine of not more than $14,000.
Source: Minn. Stat. § 169A.276
What Counts as an Aggravating Factor
“Aggravating factor” includes: (1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense; (2) having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense; or (3) having a child under the age of 16 in the motor vehicle at the time of the offense if the child is more than 36 months younger than the offender.
Source: Minn. Stat. § 169A.03, subd. 3
Mandatory Sentencing When You Have a Prior Within Ten Years
The court shall sentence a person convicted of a violation of section 169A.20 (driving while impaired) within ten years of a qualified prior impaired driving incident to either a minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility, or eight hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility.
Source: Minn. Stat. § 169A.275
Questions People Ask About Minnesota DWI Charges
Is a DWI ever treated as a petty offense in Minnesota?
No. “Petty misdemeanor” means a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.
What does misdemeanor mean for a fourth-degree DWI?
“Misdemeanor” means a crime for which a sentence of not more than 90 days or a fine of not more than $1,000, or both, may be imposed.
Can someone else pay for a DWI defense lawyer?
Yes. A family member can pay legal fees. The person charged remains the client and controls the defense. Payment by a third party does not give that person access to confidential case information without the client’s authorization.
Should I contact a lawyer before my first court date?
Yes. The period between a charge and the first appearance is when key decisions about the case are made. Having counsel in place before that date gives you more options, not fewer.
Does Martine Law handle DWI cases outside the Twin Cities?
Yes. Martine Law handles DWI cases across Minnesota, including cases in Greater Minnesota counties. Geography is not a barrier to representation.
What information should I have ready when I call about a DWI charge?
Having the date of the stop, the county where it occurred, any paperwork you received at the scene or afterward, and whether a test was requested will help the attorney understand your situation quickly during the initial call.
Talk with Martine Law About Your DWI Charge
Facing a DWI charge means decisions that start right away. Martine Law handles these cases across Minnesota. Call for a free consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
