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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. A person commits a driving while impaired crime 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.
A person who violates section 169A.20 (driving while impaired) 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).
Offense levels
- 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.
- 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. Third-degree driving while impaired is a gross misdemeanor.
- 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. Second-degree driving while impaired is a gross misdemeanor.
Source: Minn. Stat. 169A.25, 169A.26, 169A.27
Test refusal
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.
- A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of third-degree driving while impaired.
- A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed.
Source: Minn. Stat. 169A.20, 169A.25, 169A.26
Sentencing with a prior offense
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 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.
A judge is not required to sentence a person as provided in subdivisions 1 to 4 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.
Substance use 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.
License revocation
The commissioner shall revoke the driver’s license of a person convicted of violating section 169A.20 (driving while impaired) or an ordinance in conformity with it as provided in section 171.178.
Release conditions and electronic alcohol monitoring
A person charged with a nonfelony violation of section 169A.20 under certain circumstances 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 court is not required to order a person charged with violating section 169A.26 (third-degree driving while impaired) to submit to a program of electronic alcohol monitoring if the person becomes a program participant in the ignition interlock program under section 171.306.
Questions people ask about DWI charges in Minnesota
What counts as 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. A person commits a driving while impaired crime 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 degree is a first DWI with no aggravating factors?
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.
When does a DWI become a gross misdemeanor?
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. Third-degree driving while impaired is a gross misdemeanor. 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. Second-degree driving while impaired is a gross misdemeanor.
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. A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of third-degree driving while impaired.
Can the ignition interlock program affect my sentence?
A judge is not required to sentence a person as provided in subdivisions 1 to 4 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.
Will my driver’s license be revoked?
The commissioner shall revoke the driver’s license of a person convicted of violating section 169A.20 (driving while impaired) or an ordinance in conformity with it as provided in section 171.178.
What are the release conditions after a DWI arrest?
A person charged with a nonfelony violation of section 169A.20 under certain circumstances 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 court is not required to order a person charged with violating section 169A.26 (third-degree driving while impaired) to submit to a program of electronic alcohol monitoring if the person becomes a program participant in the ignition interlock program under section 171.306.
Talk with Martine Law about a DWI charge
Acting early gives you and your attorney more options. Martine Law handles these cases anywhere in 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.
Prepared by the Martine Law editorial team; sources reviewed October 19, 2026.
For an overview of the law and how we help, see our Minnesota DWI defense page.
