Understanding Minnesota DWI Penalties for First-Time and Repeat Offenders
Driving while impaired (DWI) in Minnesota is a serious offense, whether it’s your first time or your third. But the consequences escalate quickly with each additional offense. Minnesota law is designed to deter repeat offenders through a system of progressively harsher penalties, including longer license suspensions, mandatory jail time, and felony charges.
In this guide from Martine Law, we’ll explain how penalties differ between first-time and repeat DUI offenders in Minnesota, what you can expect if you’re facing charges, and how an experienced defense attorney can help you navigate your options.
What Is Considered a DWI in Minnesota?
In Minnesota, a DWI (also commonly referred to as a DUI) occurs when a person operates, drives, or is in physical control of a motor vehicle:
- With a Blood Alcohol Concentration (BAC) of 0.08% or higher
- While under the influence of alcohol, drugs, or both
- While under the influence of a Schedule I or II controlled substance
- While any amount of alcohol is detected in underage drivers (zero tolerance)
Minnesota law also recognizes aggravating factors, such as high BAC (0.16% or higher), having a child passenger, or prior convictions within a 10-year lookback period.
First-Time DUI Penalties in Minnesota
If this is your first DUI offense and there are no aggravating factors, it is typically charged as a misdemeanor. However, that does not mean the consequences are minor.
Standard First-Time Offense:
- Jail time: Up to 90 days
- Fine: Up to $1,000
- License suspension: 90 days (or 30 days with a guilty plea and DWI education program)
- Possible ignition interlock requirement
- Chemical dependency assessment
- Attendance in alcohol education or treatment
If your BAC was 0.16% or higher, or a child under 16 was in the vehicle, the offense becomes a gross misdemeanor, and the penalties increase significantly.
Aggravated First-Time Offense:
- Jail time: Up to 1 year
- Fine: Up to $3,000
- License suspension: Up to 1 year
- Vehicle forfeiture may apply
The consequences of a first DWI extend beyond court. It can lead to increased insurance premiums, employment issues, and a permanent criminal record.
For full statutory reference, see Minnesota Statutes § 169A.20.
Second DUI Offense in Minnesota
A second DUI offense within 10 years carries harsher penalties, particularly if aggravating factors are present.
Standard Second Offense:
- Jail time: Minimum 30 days (at least 48 hours must be served consecutively)
- Fine: Up to $3,000
- License suspension: 1 year
- Ignition interlock required for reinstatement
- Chemical dependency evaluation
- Possible vehicle forfeiture
A second offense also disqualifies you from obtaining a limited license early in the revocation period unless you enroll in the ignition interlock program.
Third DUI Offense in Minnesota
A third DWI within 10 years is still considered a gross misdemeanor, but mandatory minimum penalties now apply.
Third Offense Penalties:
- Jail time: Minimum 90 days (at least 30 days in custody, remainder may be served via intensive supervision)
- Fine: Up to $3,000
- License cancellation as “inimical to public safety”
- Ignition interlock for at least 3 years
- Vehicle forfeiture
- Mandatory alcohol monitoring (e.g., SCRAM bracelet)
This level of offense signals to the court that rehabilitation and public safety are serious concerns.
For more information on interlock requirements, see Minnesota Department of Public Safety – DWI.
Fourth or Subsequent DUI Offense: Felony Charges
A fourth DWI offense within 10 years is considered a felony under Minnesota law.
Felony DUI Penalties:
- Prison sentence: Up to 7 years
- Fine: Up to $14,000
- Long-term license cancellation
- Vehicle forfeiture
- Mandatory treatment and monitoring
- Felony criminal record
Felony DWI carries life-changing consequences, including the loss of gun rights, voting rights, and potential employment barriers. Unlike lower-level offenses, prison time is much more likely.
What About Refusing a Chemical Test?
Under Minnesota’s implied consent law, drivers arrested for DWI must submit to a chemical test (breath, blood, or urine). Refusing the test is itself a crime and carries similar or greater penalties than failing the test.
Penalties for Refusal:
- License revocation: 1 year for first refusal, longer for repeat refusals
- Ineligibility for limited license unless ignition interlock is installed
- Mandatory chemical dependency assessment
- Admissible as evidence in court
For the full law, visit Minnesota Statutes § 169A.51.
License Plate Impoundment and Vehicle Forfeiture
For second or higher offenses—or any DWI involving aggravating factors—the state can:
- Impound your license plates
- Seize and forfeit your vehicle, especially if it’s registered to the offender
These penalties are civil in nature and can apply even before a conviction. In some cases, an innocent owner may challenge the forfeiture through a legal process.
Long-Term Consequences of Multiple DUI Convictions
Each DUI conviction not only increases the severity of punishment but also raises the stakes in future offenses. A few of the long-term impacts include:
- Higher insurance rates or dropped coverage
- Employment and professional licensing issues
- Immigration consequences for non-citizens
- Loss of gun ownership rights (after a felony DWI)
- Loss of driving privileges for years
How Martine Law Can Help
Whether this is your first offense or you’ve been through the system before, Martine Law can provide the defense you need. We work to:
- Evaluate whether your arrest and testing procedures were legal
- Challenge the results of breath or blood tests
- Negotiate for reduced charges or alternative sentencing
- Help you enter treatment or ignition interlock programs
- Represent you in both criminal court and DMV hearings
Contact us today for a free case evaluation and start protecting your future now.