Charged with a DWI in Minnesota?

A DWI conviction can affect your license, career, and freedom, but the right defense can change what happens next.

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DWI CHARGE TYPES

Which Minnesota DWI Charge Are You Facing?

Minnesota DWI laws vary by charge and severity, so understanding your case is the first step to building the right defense.

Fourth Degree

First DWI Defense

A first DWI without aggravating factors is generally fourth-degree DWI, a misdemeanor. Aggravating factors or criminal test refusal can make even a first case more serious. The misdemeanor limits below do not apply to every first offense. See 169A.27 and 169A.26.
  • Up to 90 days in jail
  • Fines up to $1,000
  • License revocation

Learn more about first-offense DWI

Gross Misdemeanor

Second-Degree DWI Defense

Second-degree DWI is not simply a second offense. Under 169A.25, it involves two or more aggravating factors, or criminal test refusal with one aggravating factor. It is a gross misdemeanor.

  • Up to 364 days in jail
  • Fines up to $3,000
  • Plate impoundment

Learn more about second-degree DWI

Felony

Felony DWI (1st Degree)

Felony DWI charges involve serious consequences, including prison time, and require a strong, case-specific defense strategy.
  • Extended jail or prison time
  • Significant fines
  • Long-term license revocation

Learn more about first-degree DWI

Aggravated

Aggravated DWI Defense

Under Minn. Stat. 169A.03, subdivision 3, aggravating factors include a qualified prior impaired-driving incident within ten years, an alcohol concentration of 0.16 or more measured at the time of the offense or within two hours, or a child under 16 in the vehicle who is more than 36 months younger than the driver.

  • Jail or monitoring may apply; mandatory penalties depend on the case
  • Ignition interlock eligibility and requirements need individual review
  • Increased fines and penalties

Learn more about high BAC DWI

Zero Tolerance

Underage DWI Defense

Zero-tolerance laws mean drivers under 21 can face penalties for any amount of alcohol.

  • Possible license consequences or ignition interlock
  • Fines, probation, or possible jail time
  • Possible higher insurance rates, or criminal record

Learn more about underage DWI

Administrative

License Revocation Defense

License revocation can happen quickly after a DWI arrest, and deadlines to challenge it are strict.

  • Revocation timing depends on the notice and applicable law
  • Limited or restricted license access
  • Long-term driving restrictions

Learn more about license revocation

CRIMINAL PROCESS

Your Next Steps After a DWI

Understanding what happens next can help you make better decisions early and avoid costly mistakes.

1

Traffic Stop & Arrest

Law enforcement investigates suspected impaired driving and may make an arrest.
2

Booking & Release

The driver is booked, and release conditions or bail may be set.
3

First Court Appearance

The court advises the defendant of the charges and rights.
4

Pretrial Proceedings

The parties exchange evidence, file motions, and discuss possible resolutions.
5

Trial (if necessary)

If no plea agreement is reached, the case proceeds to trial.
6

Sentencing

If convicted or after a guilty plea, the court imposes the appropriate penalties.

COMMON QUESTIONS

Key Questions About Minnesota DWI Laws

After a first offense DWI in Minnesota, you may face license revocation, fines, and possible jail time depending on the circumstances. You will also receive notice of license action and court requirements. Acting early helps you protect your driving privileges and prepare a stronger defense.

Review your court papers and license notice promptly; criminal proceedings and license challenges have separate requirements. For judicial review under Minn. Stat. 169A.53 or 171.177, the petition deadline is 60 days after receiving the notice and order of revocation, not simply 60 days after arrest. Filing a petition does not itself stop the revocation. Ask an attorney to check the notice, receipt date and filing and service requirements without waiting for your criminal case to end.

Speaking with a lawyer before your first court appearance can help you understand the charges, possible penalties, and your legal options. Early guidance allows you to avoid common mistakes and begin building a defense strategy before key decisions are made that could affect the outcome of your case.

In Minnesota, DWI is the official legal term used for impaired driving offenses involving alcohol, drugs, or a combination of both. DUI is a commonly used term in other states but is not a separate charge in Minnesota. Both terms are often used interchangeably in general conversation.

A DWI conviction in Minnesota can remain on your criminal record and may affect employment opportunities, housing applications, and background checks. The long-term impact depends on the severity of the charge and outcome of your case, making it important to address the situation carefully from the start.

Criminal defense services are provided by Martine Law PLLC.

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Your initial conversation may be with a Director of Client Engagement (non-attorney), who gathers basic information and helps with intake and scheduling. The Director of Client Engagement does not provide legal advice. A licensed attorney can evaluate your charges and legal options.

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This page states Minnesota law and is for general information, not legal advice.

What are the four degrees of DWI in Minnesota?

Degree When it applies Maximum criminal penalty Source
Fourth degree DWI without an enhancement to a higher degree. Misdemeanor: up to 90 days and a $1,000 fine. 169A.27 609.03 609.02
Third degree One aggravating factor, or test refusal without an enhancement to a higher degree. Gross misdemeanor: up to 364 days and a $3,000 fine. 169A.26 609.03 609.02
Second degree Two or more aggravating factors, or test refusal with one aggravating factor, unless first degree applies. Gross misdemeanor: up to 364 days and a $3,000 fine. 169A.25 609.03 609.02
First degree Three qualified prior impaired-driving incidents within ten years, a prior felony DWI, or a listed felony criminal-vehicular conviction. Felony: up to seven years and a $14,000 fine. 169A.24 609.03 609.02

The aggravating factors include a qualifying prior incident within ten years, an alcohol concentration of 0.16 or more, or a child passenger under 16 who is more than 36 months younger than the driver. Official source

Mandatory minimums can apply, and license consequences are separate from the criminal sentence. Official source Official source

Read the first-offense DWI guide, 2026 DWI law changes, and Minneapolis DWI service page.