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A Minnesota DWI stays on your driving record permanently. For criminal charging, a prior DWI counts as an aggravating factor for 10 years, and for license revocation it counts for 20 years. The criminal court record can sometimes be sealed through expungement, but the driving record cannot.
Driving while impaired (DWI) is a serious offense that can have long-lasting consequences, especially in Minnesota. If you’ve been charged with a DWI in this state, you might be wondering how long it will stay on your record.
Understanding the implications of a DWI record in Minnesota is crucial for anyone facing such charges. This article will walk you through the essential information, helping you grasp the long-term effects and potential solutions.
What is a DWI in Minnesota?
In Minnesota, a DWI is defined as operating a motor vehicle while impaired by alcohol, drugs, or other substances. This includes having a blood alcohol concentration (BAC) of 0.08% or higher. The state has strict laws and penalties to discourage impaired driving, and the consequences of a DWI conviction can be severe.
Types of DWI Offenses
Minnesota recognizes several types of DWI offenses, ranging from misdemeanors to felonies, depending on the circumstances. Factors such as prior offenses, level of impairment, and whether there was an accident involved can influence the severity of the charges.
How Long Does a DWI Stay on Your Record?
A DWI conviction in Minnesota is not something that disappears quickly. In fact, it can have lasting repercussions on your driving record and beyond.
Driving Record
Once you are convicted of a DWI in Minnesota, it remains on your driving record permanently (Minn. Stat. 171.12, subd. 3). For criminal charges, a prior DWI counts as an aggravating factor for 10 years (Minn. Stat. 169A.03, subd. 3), and for license revocation it counts for 20 years (Minn. Stat. 171.178). During this period, any subsequent DWI offense can result in more severe penalties, as it will be considered a repeat offense.
Criminal Record
A DWI conviction is also part of your criminal record. Unlike other minor offenses, a DWI in Minnesota remains on your criminal record for life unless it is expunged. This can affect employment opportunities, housing applications, and more.
The Impact of a DWI on Your Life
The presence of a DWI on your record can affect various aspects of your life. Here are some of the areas that might be impacted:
Employment
Many employers conduct background checks, and a DWI conviction can raise red flags. Certain professions, especially those requiring driving, may be out of reach with a DWI on your record.
Insurance Rates
Insurance companies view a DWI as a significant risk factor. As a result, your insurance premiums are likely to increase, sometimes significantly, after a DWI conviction.
Personal Life
A DWI can strain personal relationships and cause stress and anxiety. The financial burden of fines, legal fees, and increased insurance rates can also impact your personal life.
Seeking Legal Assistance
Given the serious consequences of a DWI conviction, seeking legal assistance for a DWI is crucial. A DWI attorney in Minnesota can help you navigate the legal process and explore options such as plea bargains or expungement.
The Role of a DWI Attorney
A knowledgeable DWI attorney can provide guidance on the best course of action, whether it involves contesting the charges or negotiating a plea deal. They can also help you understand your rights and the potential outcomes of your case.
Contact us today for a free consultation.
Expungement: Clearing Your Record
While a DWI stays on your driving record permanently, there might be an option to expunge it from your criminal record. Expungement is a legal process that can seal the record of your conviction, making it inaccessible to the public.
Eligibility for Expungement
In Minnesota, a misdemeanor DWI can be petitioned for expungement after 2 years, and a gross misdemeanor after 3 years, if you have no new convictions in that time (Minn. Stat. 609A.02, subd. 3). Fourth-degree DWI is excluded from automatic Clean Slate expungement (Minn. Stat. 609A.015, subd. 3).
The Expungement Process
The expungement process involves filing a petition with the court and showing that sealing the record benefits you more than it burdens public safety. A DWI attorney can help you prepare the petition.
Summary
A DWI conviction in Minnesota is a serious matter with long-term consequences. Understanding how long a DWI stays on your record and the potential impacts can help you make informed decisions about your future. While the road to mitigating the effects of a DWI can be challenging, seeking legal assistance and exploring options like expungement can provide a path forward.
Remember, driving responsibly is crucial, not only for your safety but also for the well-being of others on the road. If you find yourself facing a DWI charge, consider consulting with a DWI attorney in Minnesota to explore your options and protect your rights.
This page states Minnesota law and is for general information, not legal advice.
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Frequently asked questions
Does a DWI ever come off your Minnesota driving record?
No. Minnesota keeps alcohol-related convictions and license actions on the driving record permanently under Minn. Stat. 171.12, subd. 3. Expungement can seal court records, but it does not remove the entry from your driving record.
How long does a DWI count as a prior offense?
For criminal charges, a prior impaired driving incident counts for 10 years and can raise a new DWI to a higher degree. For license revocation, prior incidents within 20 years change the revocation period and can require ignition interlock.
Can I expunge a DWI in Minnesota?
Often, yes, by petition. A misdemeanor DWI can be petitioned after 2 years and a gross misdemeanor after 3 years if you have no new convictions in that time. The court weighs the benefit to you against the public interest. Fourth-degree DWI is not eligible for automatic Clean Slate expungement.
Will a DWI show up on a background check?
A conviction usually appears on criminal background checks unless the court record has been expunged. Employers who check driving records, such as for driving jobs, will still see it because the driving record is permanent.
Related guides
For an overview of the law and how we help, see our Minnesota DWI defense page.
