DWI Lawyer in Minneapolis

What should I do after a DWI arrest in Minneapolis?

Start with the paperwork. A revocation takes effect when you are notified, and a mailed notice is treated as received three days after mailing. Source: Minnesota Statutes 169A.52

• Find the date on your notice of revocation. The 60 day window for a petition for judicial review counts from receipt of that notice. Source: Minnesota Statutes 169A.53 Source: Minnesota Statutes 171.177
• Keep every document, including any plate impoundment order, vehicle seizure notice, citation and release paperwork.
• Know that court is not the license petition. Showing up for your criminal first appearance does not challenge the revocation. The petition is a separate civil filing in the district court of the county where the alleged offense occurred. Source: Minnesota Statutes 169A.53
• Write down what happened, and discuss it only with your lawyer.

See what happens at a DWI arraignment in Minnesota.

Can I drive after a Minneapolis DWI arrest?

Often yes for 14 days, if you were issued a temporary license and have no other suspension or restriction. Check its expiration date. After that, you need a limited license, an interlock restricted license or a court order rescinding the revocation. It depends on which notice you received.

• Breath test failure or breath test refusal. The officer invalidates your license card and issues a temporary license good for 14 days. Source: Minnesota Statutes 169A.52
• Blood or urine test under a search warrant, served at the scene. The officer clips the corner of your card, returns it to you and issues a temporary license. The 2026 Legislature raised that temporary license from 7 days to 14 days, so both processes now give 14 days. Source: Laws 2026, chapter 97, article 2, section 5 Source: Minnesota Statutes 171.177
• Blood or urine sent to the lab. When the lab result comes later, the lab and the officer certify it to DPS and the revocation follows by notice. Source: Minnesota Statutes 171.177 Until that notice arrives, confirm your status with Driver and Vehicle Services before driving.

For a first violation, a limited license cannot be issued until 15 days into the revocation. It covers driving your livelihood, substance use disorder treatment, enrollment at a college or certain household needs depend on, and DPS can require proof that transit or carpooling would be a significant hardship. Source: Minnesota Statutes 171.30 Eligibility depends on the test result, your record and your age. A limited license is not available for a test failure at twice the legal limit or more, and drivers under 18 face a longer wait of at least 90 days. Source: Minnesota Statutes 171.30 Adults may also drive during the revocation by enrolling in the ignition interlock program and being issued a restricted license, which requires an installed device and insurance on the vehicle. Drivers under 18 are not eligible. Source: Minnesota Statutes 171.306

How can a Minneapolis DWI lawyer help?

A Minneapolis DWI attorney tests every step the officer took, because a failure at any step can change the criminal case, the license case or both.

• The stop. A traffic stop is a seizure that must be reasonable under the Minnesota Constitution. Source: Minnesota Constitution, Article I, Section 10 An officer approaching a parked car is analyzed differently from a stop, and the video shows which happened.
• The preliminary breath test. An officer may require a roadside screening test only with reason to believe from your driving or conduct that you may be violating the DWI law. The result helps decide whether to arrest but is generally not admissible to prove the charge. Source: Minnesota Statutes 169A.41
• The breath test advisory. Before the evidentiary breath test, the officer must tell you that Minnesota law requires the test, that refusal is a crime and that you may consult a lawyer as long as it does not unreasonably delay the test. Source: Minnesota Statutes 169A.51
• The breath test itself. A valid test is one adequate sample, a control analysis and a second adequate sample. For license revocation, the two samples must agree within 0.02. If the first test is deficient, a second test must be given, and two deficient tests count as a refusal for license revocation. Source: Minnesota Statutes 169A.51 Martine Law also reviews the observation period, instrument records and operator training.
• Blood and urine tests. These require a search warrant or a judicially recognized exception to the warrant requirement. Source: Minnesota Statutes 169A.51 The officer must tell you that refusing a warranted test is a crime, and must offer the other test before a refusal can be charged against you. Source: Minnesota Statutes 171.177 We review the warrant, the draw, the chain of custody and the lab report.
• The license petition. Filing gets mandatory discovery of the test record, the officer’s certificate and the witness list, and the hearing must be held within 60 days of filing. Source: Minnesota Statutes 169A.53

See our license revocation defense page for how the petition works.

What happens in Hennepin County DWI court?

A Minneapolis DWI is prosecuted in Hennepin County District Court. The Minneapolis city attorney prosecutes misdemeanor and gross misdemeanor charges, and the Hennepin County Attorney prosecutes felonies. Source: Minnesota Statutes 484.87 Source: Minnesota Statutes 388.051 The main courthouse is the Hennepin County Government Center, 300 South Sixth Street, but go to the location on your notice. Source: Hennepin County District Court

• Custody and release. Officers must take some drivers into custody, including on first or second degree charges or with a 0.16 result or a child in the vehicle, and a first degree suspect is held until the first appearance. Source: Minnesota Statutes 169A.40 Release on the nonfelony charges in that group generally requires no alcohol and electronic alcohol monitoring where available, and the court can skip monitoring if you join the interlock program. Source: Minnesota Statutes 169A.44 See bail and bond in Minnesota.
• Court stages. First appearance, then plea or trial. In between, felony and gross misdemeanor charges get an omnibus hearing where stop and test challenges are argued, while misdemeanor motions are heard at a pretrial conference or just before trial. Source: Minnesota Rules of Criminal Procedure, Rule 11 Source: Minnesota Rules of Criminal Procedure, Rule 12 The license hearing may be held at the same time as those pretrial motions. Source: Minnesota Statutes 169A.53
• The cases overlap but do not decide each other. The license ruling does not bind the criminal case. Source: Minnesota Statutes 169A.53 Source: Minnesota Statutes 171.177
• Public defender. A person charged with a misdemeanor, gross misdemeanor or felony who cannot afford a lawyer is entitled to a public defender for the criminal case. Source: Minnesota Statutes 611.14 The court decides financial eligibility. Source: Minnesota Statutes 611.17

What are the penalties for a first or repeat DWI?

The degree depends on aggravating factors, test refusal and certain prior felonies. An aggravating factor is a qualified prior impaired driving incident within the past ten years, an alcohol concentration of 0.16 or more at the time of driving or within two hours, or a child under 16 in the vehicle who is more than 36 months younger than the driver. Source: Minnesota Statutes 169A.03 A qualified prior incident includes a prior DWI conviction or a prior impaired driving license revocation, and a conviction and revocation from the same incident count only once. Source: Minnesota Statutes 169A.09

Source: Minnesota Statutes 169A.24 Source: Minnesota Statutes 169A.25 Source: Minnesota Statutes 169A.26 Source: Minnesota Statutes 169A.27 Source: Minnesota Statutes 171.178

Maximum and mandatory penalties

• Misdemeanor. Up to 90 days in jail and a $1,000 fine. Source: Minnesota Statutes 609.02
• Gross misdemeanor. Up to 364 days and a $3,000 fine. Source: Minnesota Statutes 169A.03
• Second offense in ten years. At least 30 days with 48 hours in a local jail, or eight hours of community work service for each day less than 30. The court may depart for substantial mitigating factors. Source: Minnesota Statutes 169A.275
• Third offense in ten years. At least 90 days with 30 consecutive in jail, or intensive supervision with at least six consecutive days in jail. Source: Minnesota Statutes 169A.275 A judge may skip these minimums by ordering interlock-only driving on probation. Source: Minnesota Statutes 169A.275
• Felony. Up to seven years and a $14,000 fine. Source: Minnesota Statutes 169A.24 The court must impose at least three years. It may stay execution of that sentence but may not stay imposition or adjudication, and a prison commitment carries five years of conditional release. Source: Minnesota Statutes 169A.276

What a first offense usually involves

Every DWI conviction requires a substance use disorder assessment. Source: Minnesota Statutes 169A.70 The court may stay a sentence and place you on probation, which can last up to two years for a misdemeanor DWI and up to four years for a gross misdemeanor DWI. Source: Minnesota Statutes 609.135 At 0.16 or more, the court must order the level of care the assessment recommends. Source: Minnesota Statutes 169A.275 See our first offense DWI page and high BAC DWI page.

How do Minnesota license revocation and interlock rules work?

License periods use a 20 year window for one prior incident and count two or more priors no matter how old. Source: Minnesota Statutes 171.178

• Test failure, no prior in 20 years. At least 90 days, at least 180 days if you are under 21 and below twice the legal limit, or at least one year at twice the legal limit or more. Source: Minnesota Statutes 171.178
• Test refusal, no prior in 20 years. At least one year. Source: Minnesota Statutes 171.178
• When the criminal case ends in a conviction. For a driver with no prior in 20 years, a 2026 amendment applies the conviction-based periods to a revocation from the same incident: at least 30 days for a DWI conviction, 90 days for a refusal conviction, 180 days if under 21, and one year at twice the legal limit. That substitution does not apply when the DWI involved a child under 16 in the vehicle. The same law repealed the older rule in section 169A.54, subdivision 6. Source: Laws 2026, chapter 97, article 2, sections 6 and 8 Source: Minnesota Statutes 171.178
• Interlock periods. With one prior in 20 years, you need at least two years on interlock; with two priors, at least six years; with three or more, at least ten years. Each also requires completing licensed treatment. Source: Minnesota Statutes 171.178 DPS applies the 20 year interlock rule to incidents on or after July 1, 2025. Source: Minnesota DPS Ignition Interlock Device Program See how the ignition interlock program works and our explainer on the 10 and 20 year lookback.
• Administrative review. You may ask DPS to review the revocation at any time, and that review does not affect your right to judicial review. Source: Minnesota Statutes 169A.53 Missing the 60 day petition deadline ends judicial review, though administrative review remains available.
• Plate impoundment. Triggers include a revocation within ten years of a qualified prior, a result of twice the legal limit or more, and a child under 16 more than 36 months younger than you in the vehicle. Rental vehicles and vehicles registered in another state are excluded. The officer issues a 14 day temporary vehicle permit, or 45 days if the vehicle belongs to someone else. Source: Minnesota Statutes 169A.60 The specially coded replacement plates you can apply for during impoundment are what people call whiskey plates. Becoming an ignition interlock program participant also lets you obtain new plates for the vehicle. Source: Minnesota Statutes 169A.60 See our guide to whiskey plates in Minnesota.
• Vehicle forfeiture. A vehicle can be seized for a first degree DWI, or for a DWI or revocation within ten years of the first of two qualified priors, which can include past revocations. Source: Minnesota Statutes 169A.63 Seizure is not forfeiture. Contesting it takes a separate demand filed within 60 days of the seizure notice, and innocent owner and interlock relief may apply. Source: Minnesota Statutes 169A.63

Can a DWI charge be reduced or dismissed?

It can be, though no outcome is guaranteed. If the stop, arrest or test was unlawful, the evidence can be suppressed. A charge can also end in a plea to a lesser offense or an acquittal. See whether a DWI can be dismissed if the breath test was wrong.

If the revocation is also rescinded and the charge is dismissed with prejudice or you are acquitted, you get new plates at no cost. Source: Minnesota Statutes 169A.60 If a forfeiture rests on a criminal charge and you are not convicted, the court must order the vehicle returned once the redemption requirements are met. Source: Minnesota Statutes 169A.63

DWI or DUI in Minnesota?

Minnesota law says driving while impaired, or DWI. DUI and drunk driving mean the same offense. It also covers being in physical control of a vehicle, and the alcohol limit in a commercial motor vehicle is 0.04 instead of 0.08. Source: Minnesota Statutes 169A.20 Read more on the difference between DUI and DWI in Minnesota.

Drug, cannabis and prescription DWI

A DWI does not require alcohol. It is a crime to drive under the influence of a controlled substance or cannabis, or with any amount of a Schedule I or II controlled substance or its metabolite in your body, except that this presence rule excludes cannabis and THC products. Driving under the influence of an intoxicating substance is a crime only if you knew or had reason to know it could cause impairment. Source: Minnesota Statutes 169A.20 Using a Schedule I or II drug as prescribed is an affirmative defense to the presence charge. Source: Minnesota Statutes 169A.46 See our page on marijuana DWI in Minnesota.

Questions people ask a Minneapolis DWI lawyer

Should I have refused the breath test?

The roadside screening test and the evidentiary breath test at the station are different. Refusing the evidentiary breath test is a crime charged at third degree or higher, and the revocation for a refusal with no prior in 20 years is at least one year. Source: Minnesota Statutes 169A.26 Source: Minnesota Statutes 171.178 If you already refused, the advisory, your chance to call a lawyer and whether you truly refused are open issues. See refusing the breath test in a Minnesota DWI stop.

Is a first DWI in Minnesota a felony?

Usually not. A first DWI with no aggravating factor is a fourth degree misdemeanor, but a past impaired driving license revocation counts as a prior even without a conviction. A first incident with two aggravating factors, such as a 0.16 result and a child in the car, is second degree, and a prior felony DWI or listed felony criminal vehicular operation conviction makes any new DWI first degree. Source: Minnesota Statutes 169A.25 Source: Minnesota Statutes 169A.24

Will a DWI stay on my record?

A conviction stays unless it is sealed. You may petition to seal a misdemeanor two years after discharge of the sentence, or a gross misdemeanor three years after, if you have no new conviction, and the court decides. Source: Minnesota Statutes 609A.02 DWI convictions are excluded from automatic expungement, so sealing takes a petition. Source: Minnesota Statutes 609A.015 Your driving record keeps impaired driving convictions and license actions permanently. Source: Minnesota Statutes 171.12 Sealed records can still be opened for prosecution and sentencing, and a past license revocation counts on its own as a qualified prior incident. Source: Minnesota Statutes 609A.03 Source: Minnesota Statutes 169A.03 See our expungement page.

Do I need a lawyer for a first DWI?

The law does not require one, but representation helps on three fronts: the criminal charge, the 60 day license deadline and the driving options in between. A first conviction or revocation can also count as a prior that raises a later charge and lengthens later license consequences.

What should I bring to a free consultation?

Bring the notice of revocation, temporary license, any impoundment or seizure notice, the citation or complaint, and your court date. A list of prior DWI incidents with dates helps sort out the lookbacks.

Talk with Martine Law about your Minneapolis DWI

Martine Law PLLC defends DWI charges and license revocations in Hennepin County and statewide. Tell us the arrest date, whether you tested or refused, and the date on your notice, and we will explain both cases and your deadlines. Phones are answered 24/7. Call 612-294-0650 to request a free consultation.

This content provides general information and should not be considered legal advice. Contact Martine Law for guidance specific to your situation.

Criminal defense services are provided by Martine Law PLLC.