An arrest can lead to serious consequences, but not all charges are the same. The state classifies impaired driving offenses into four degrees, ranging from a misdemeanor for certain first-time offenses to a felony for repeat offenders.
Understanding the degree of a charge is important because it affects potential penalties, driver’s license consequences, vehicle forfeiture risks, and long-term impacts on your record. DWI Lawyers Minnesota breaks down the four degrees and the factors that can impact the severity of a charge.
Classification of DWI Offenses
The state uses a degree system to categorize offenses based on aggravating factors and a driver’s prior record. Generally, the more aggravating factors involved, the more severe the charge becomes. Under Minnesota Statutes § 169A.20, a person may be charged if:
- They are under the influence of alcohol.
- They are under the influence of a controlled substance.
- They are under the influence of a combination of alcohol and controlled substances.
- The alcohol at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of a motor vehicle is 0.08 or more.
Minnesota DWI Degrees at a Glance
| Degree | Classification | Typical Circumstances | Maximum Jail/ Prison Time | Maximum Fine |
|---|---|---|---|---|
| Fourth-Degree DWI | Misdemeanor | First offense with no aggravating factors | 90 days | $1,000 |
| Third-Degree DWI | Gross Misdemeanor | One aggravating factor is present | 1 year | $3,000 |
| Second-Degree DWI | Gross Misdemeanor | Two or more aggravating factors present | 1 year | $3,000 |
| First-Degree DWI | Felony | Three or more prior DWI-related incidents within 10 years, or a prior felony DWI | 7 years | $14,000 |
What Counts as an Aggravating Factor?
The law recognizes several aggravating factors that can increase the severity of a charge:
- A prior conviction or license revocation within the past 10 years
- An alcohol concentration (BAC) of 0.16% or higher
- A child under age 16 who is in the vehicle and is more than 36 months younger than the driver.
The presence of one or more aggravating factors can elevate a charge from Fourth Degree to Third or Second Degree. For example, a first-time charge without aggravating factors may be charged as a fourth-degree charge. However, if the driver has a BAC of 0.16% or higher or has a prior DWI-related incident within the past 10 years, prosecutors may pursue a more serious charge.
What is Fourth-Degree DWI
Fourth-Degree DWI is generally the least serious charge. It typically applies when a person is accused, but no aggravating factors are present.
This charge is commonly associated with first-time offenders who do not have qualifying prior DWI-related incidents and whose cases do not involve circumstances that elevate the offense.
Potential Penalties
A conviction may result in:
- Up to 90 days in jail
- Fines of up to $1,000
- Driver’s license consequences
- Probation and court-ordered requirements
Even a first-time charge can create challenges with employment, insurance rates, and future criminal proceedings.
What is Third-Degree DWI
A third-degree charge is generally charged when one aggravating factor exists. Examples include:
- An alcohol concentration of 0.16 or more
- One prior DWI-related incident within the previous 10 years
- A qualifying child passenger in the vehicle
Potential Penalties
A conviction may result in:
- Up to 1 year in jail
- Fines of up to $3,000
- Extended driver’s license revocation periods
- Additional conditions for license reinstatement
Know more – Second DWI Within 10 Years in Minnesota: Mandatory Penalties, Plate Impoundment, and IID Requirements
What is Second-Degree DWI
A second-degree charge is generally charged when two or more aggravating factors are present. Common examples include:
- A high BAC combined with a prior DWI-related incident
- A prior conviction and a qualifying child passenger
- Multiple prior DWI-related incidents
Second-degree charge is a gross misdemeanor, but it carries more serious consequences.
Potential Penalties
A conviction may result in:
- Up to 1 year in jail
- Fines of up to $3,000
- Vehicle forfeiture in certain cases
- Ignition interlock requirements
- Lengthier driver’s license sanctions
Because multiple aggravating factors are involved, prosecutors often pursue enhanced penalties.
What is First-Degree DWI
First-Degree charge is the most serious impaired driving offense under the law. A driver may face a charge when:
- They have 3 or more prior DWI-related incidents within 10 years, or
- They have a prior felony conviction
Potential Penalties
A conviction may result in:
- Up to 7 years in prison
- Fines of up to $14,000
- Long-term driver’s license cancellation
- Extended ignition interlock requirements
- Significant impacts on employment, housing, and professional licensing
Felony convictions can carry consequences that extend well beyond the criminal case itself.
License Consequences Can Occur Before a Conviction
Many drivers are surprised to learn that license consequences may begin shortly after an arrest. Minnesota’s implied consent laws allow administrative actions against a driver’s license independent of the criminal case. As a result, drivers may face both:
- A criminal DWI prosecution, and
- Administrative driver’s license sanctions
The outcome of one proceeding does not necessarily determine the outcome of the other.
Every DWI Case Is Different
Although the degree of a charge affects potential penalties, it does not automatically determine the outcome of a case. Law enforcement officers and prosecutors must still follow legal requirements throughout the investigation. Potential issues may involve:
- The legality of the traffic stop
- Field sobriety testing procedures
- Breath test administration
- Blood or urine testing protocols
- Constitutional rights violations
Depending on the facts, these issues may affect the strength of the prosecution’s case.
Speak With a DWI Defense Lawyer
Whether you are facing a Fourth-Degree misdemeanor or a First-Degree felony DWI, understanding the charges against you is the first step to protecting your rights.
Experienced DWI Lawyers Minnesota can evaluate the circumstances of your case, explain your options, and help you navigate both the criminal and administrative processes. You can call us anytime at +1 (612) 255-5922 for a free case review.
Frequently Asked Questions
Can commercial drivers face additional consequences after a DWI?
Yes. Commercial driver’s license (CDL) holders may face stricter consequences than non-commercial drivers. A conviction can result in CDL disqualification, even if the offense occurred while operating a personal vehicle.
Can prescription medications lead to a charge?
Yes. A person may be charged if prescription medications impair the ability to operate a vehicle safely. The fact that a medication was legally prescribed does not automatically prevent a charge.
What is implied consent law?
Minnesota’s implied consent law states that anyone who drives, operates, or is in physical control of a motor vehicle is deemed to have consented to chemical testing under certain circumstances when lawfully requested by law enforcement.
Can a DWI affect my car insurance rates?
Yes. A conviction may result in significantly higher insurance premiums. Some drivers may also be required to obtain special proof of insurance coverage before their driving privileges can be reinstated.
