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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 the person is under the influence of alcohol. It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state when 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 conduct Minnesota law covers
It is also a crime under section 169A.20 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.
How the degrees of DWI are structured
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).
Source: Minn. Stat. 169A.20, Subd. 3
Release conditions after a DWI arrest
On appearance before the court, a person must be released on personal recognizance or an unsecured appearance bond unless a court determines that release will endanger the public safety or will not reasonably assure the defendant’s appearance.
In determining conditions of release the court must consider: the nature and circumstances of the offense charged; the weight of the evidence; family ties; employment; financial resources; character and mental condition; length of residence in the community; criminal convictions; prior history of appearing in court; prior flight to avoid prosecution; the victim’s safety; any other person’s safety; and the community’s safety.
For certain DWI prosecutions under section 169A.20, if the defendant has prior convictions, the court may impose conditions of release set forth in section 169A.44, which may include alcohol testing and license plate impoundment.
For a nonfelony DWI charge under section 169A.44, a person may be released from detention only if the person agrees to abstain from alcohol and submit to a program of electronic alcohol monitoring, involving at least daily measurements of the person’s alcohol concentration, pending resolution of the charge.
A person charged with a felony DWI within ten years of the first of three or more qualified prior impaired driving incidents may be released from detention only if conditions are imposed including: abstaining from alcohol; impoundment of the registration plates of the vehicle used; reporting weekly to a probation agent; and submitting to random alcohol tests or urine analyses at least weekly.
A court is not required to order a person charged with first-, second-, or third-degree DWI to submit to electronic alcohol monitoring if the person becomes a program participant in the ignition interlock program under section 171.306.
Speedy trial rights in a misdemeanor DWI
If a defendant or the prosecutor demands a speedy trial in writing or on the record in a misdemeanor case, the trial must begin within 60 days.
Source: Minn. R. Crim. P. Rule 6.06
Mandatory penalties
In addition to other penalties, 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.
When the court sentences a person with two or more prior impaired driving convictions within ten years to a stayed sentence, and electronic monitoring equipment is available, the court shall require that the person participate in a program of electronic alcohol monitoring for a minimum of 30 consecutive days during each year of the person’s probationary period.
Challenging your license revocation
A judicial review hearing of license revocation must be held at the earliest practicable date and in any event no later than 60 days following the filing of the petition for review, and the hearing may be conducted at the same time and in the same manner as hearings upon pretrial motions in the criminal prosecution.
Vehicle forfeiture
A motor vehicle is subject to forfeiture under section 169A.63 if it was used in the commission of a violation of section 169A.20 under the circumstances described in section 169A.24 (first-degree driving while impaired), or a violation of section 169A.20 within ten years of the first of two qualified prior impaired driving incidents. A forfeiture proceeding is stayed and the vehicle must be returned if the driver becomes a program participant in the ignition interlock program under section 171.306, in any motor vehicle eligible to be equipped with the ignition interlock device, at any time before the seized motor vehicle is forfeited.
Questions people ask about Minnesota DWI charges
What makes it a DWI in Minnesota?
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 the person is under the influence of alcohol. It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state when 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.
Is refusing a breath test a separate crime?
It is also a crime under section 169A.20 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 are the DWI degree levels?
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).
Can I challenge my license revocation?
Within 60 days following receipt of a notice and order of revocation under section 169A.52, a person may petition the district court for review, and the petition must be filed with the district court administrator in the county where the alleged offense occurred. The filing of the petition for judicial review of license revocation does not stay the revocation, disqualification, or denial.
What happens at the revocation hearing?
The scope of the license revocation hearing is limited to specific issues including whether the peace officer had probable cause to believe the person was driving in violation of section 169A.20, whether the person was lawfully arrested, whether the person refused to permit the test, and whether the test results indicated an alcohol concentration of 0.08 or more. The court shall order that the revocation or disqualification be either rescinded or sustained and forward the order to the commissioner, and the court shall file its order within 14 days following the hearing.
Will I go to jail for a DWI with a prior conviction?
The court shall sentence a person convicted of a violation of section 169A.20 within ten years of a qualified prior impaired driving incident to either a minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility, or 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 convicted of a violation of section 169A.20 within ten years of the first of two qualified prior impaired driving incidents to either a minimum of 90 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility, or a program of intensive supervision that requires the person to consecutively serve at least six days in a local correctional facility.
Can ignition interlock replace mandatory jail time?
A judge is not required to sentence a person under the mandatory penalty subdivisions 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.
Talk with Martine Law about your DWI charge
Acting early gives your attorney more options. Martine Law handles DWI cases across Minnesota. Call for a free 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.
