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A person who violates section 169A.20 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).
The four degrees of DWI
Fourth degree:
A person who violates section 169A.20, subdivision 1, is guilty of fourth-degree driving while impaired.
Fourth-degree driving while impaired is a misdemeanor.
Third degree:
A person who violates section 169A.20, subdivision 1, 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, is guilty of third-degree driving while impaired.
Third-degree driving while impaired is a gross misdemeanor.
The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable to a third-degree driving while impaired conviction.
Second degree:
A person who violates section 169A.20, subdivision 1, 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, 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.
The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable to a second-degree driving while impaired conviction.
Source: Minn. Stat. 169A.24 to 169A.27
What misdemeanor and gross misdemeanor mean under Minnesota law
Under section 169A.03, subdivision 8, a 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.
Under section 169A.03, subdivision 12, a 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.
Under section 609.02, subdivision 4, a 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.
Under section 609.02, subdivision 3, a 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.
Source: Minn. Stat. 169A.03; Minn. Stat. 609.02
Aggravating factors
An 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.
Mandatory minimum sentences
The court shall sentence a person who is convicted of a violation of section 169A.20 within ten years of a qualified prior impaired driving incident to either: (1) a minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility; or (2) 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.
The court shall sentence a person who is convicted of a violation of section 169A.20 within ten years of the first of two qualified prior impaired driving incidents to either: (1) a minimum of 90 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility; or (2) a program of intensive supervision of the type described in section 169A.74 that requires the person to consecutively serve at least six days in a local correctional facility.
A judge is not required to sentence a person as provided in subdivisions 1 to 4 of section 169A.275 if the judge requires the person as a condition of probation to drive only motor vehicles equipped with an ignition interlock device meeting the standards described in section 171.306.
The court shall order a person to submit to the level of care recommended in the substance use disorder assessment conducted under section 169A.70 if the person is convicted of violating section 169A.20 while 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 if the violation occurs within ten years of one or more qualified prior impaired driving incidents.
Questions people ask about Minnesota DWI charges
What does it mean to be in physical control of a vehicle while impaired?
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: (1) the person is under the influence of alcohol; (2) the person is under the influence of a controlled substance; (3) the person is under the influence of an intoxicating substance and the person knows or has reason to know that the substance has the capacity to cause impairment; (4) the person is under the influence of a combination of any two or more of the elements named in clauses (1) to (3) or (8); (5) 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.
What happens if I refuse the breath test?
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 169A.52, or of the person’s blood or urine as required by a search warrant under sections 171.177 and 626.04 to 626.18.
What is an aggravating factor?
An 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.
What is the difference between a misdemeanor and a gross misdemeanor DWI?
Fourth-degree driving while impaired is a misdemeanor. Third-degree driving while impaired is a gross misdemeanor.
Can mandatory jail time be avoided with an ignition interlock device?
A judge is not required to sentence a person as provided in subdivisions 1 to 4 of section 169A.275 if the judge requires the person as a condition of probation to drive only motor vehicles equipped with an ignition interlock device meeting the standards described in section 171.306.
Does a DWI conviction require a substance use disorder assessment?
The court shall order a person to submit to the level of care recommended in the substance use disorder assessment conducted under section 169A.70 if the person is convicted of violating section 169A.20 while 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 if the violation occurs within ten years of one or more qualified prior impaired driving incidents.
What are the minimum sentences for a DWI within ten years of a prior offense?
The court shall sentence a person who is convicted of a violation of section 169A.20 within ten years of a qualified prior impaired driving incident to either: (1) a minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility; or (2) 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.
What are the minimum sentences when two prior DWI incidents are on record?
The court shall sentence a person who is convicted of a violation of section 169A.20 within ten years of the first of two qualified prior impaired driving incidents to either: (1) a minimum of 90 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility; or (2) a program of intensive supervision of the type described in section 169A.74 that requires the person to consecutively serve at least six days in a local correctional facility.
Talk with Martine Law about your DWI charge
A DWI arrest moves quickly, and Martine Law handles these cases across Minnesota. Call for a free, confidential 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. Phones and chat are answered 24/7, with AI covering when no staff is free. Criminal defense consultations are free. Your consultation is with our Director of Client Engagement, not an attorney. If you hire us, an attorney handles your case.
For an overview of the law and how we help, see our Minnesota DWI defense page.
