Driving while intoxicated is defined as operating or being physically in control of a vehicle while influenced by alcohol, a (controlled) substance, or an intoxicant. It also includes operating a vehicle with a blood alcohol level above the state’s legal limit or having any amount of a Schedule I or II controlled substance or its metabolites.
We hope this guide makes Minnesota’s DWI laws seem even a little less elusive. But in any event, you should speak to a Minnesota criminal defense attorney if you have any run-ins with the law.
Minnesota DWI Law: The Basics
Blood alcohol levels are set by Minnesota law. Minnesota sets a 0.08% per se blood alcohol limit, similar to most states. A motorist is deemed legally intoxicated if their blood alcohol content is at or over this limit. The prosecutor doesn’t need to prove that the motorist was operating their vehicle recklessly or erratically. Being at this BAC level is sufficient proof to sustain a conviction.
For drivers of commercial vehicles, the restriction is different. More strict regulations must be followed by drivers of diesel trucks and other commercial vehicles.
Commercial drivers must have a blood alcohol content (BAC) of 0.04 percent or higher. An individual’s commercial driver’s license may be suspended for one to ten years if found guilty of DWI.
Underage drivers may be judged if they are suspected of violating the state’s zero-tolerance regulations when pulled over for suspected drunk driving and test positive for any level of alcohol in their system.
DWI Criminal Charges
Administrative fines and criminal sentences are the two possible punishments for DWI offenses in Minnesota. Administrative sanctions relate to the defendant’s driving privileges and license. Penalties for crimes might include jail time, fines, or both.
These are some of the consequences of DWI convictions:
| Offense | Punishment | Factors Determining Level of Offense |
| Fourth Degree DWI | Misdemeanor; punishable by up to 90 days in jail and a $1,000 fine | DWI violation without test refusal or any aggravating factors |
| Third Degree DWI | Gross misdemeanor; punishable by up to 1 year in jail and a $3,000 fine | DWI violation with test refusal or 1 aggravating factor |
| Second Degree DWI | Gross misdemeanor; punishable by up to 1 year in jail and a $3,000 fine | DWI violation with test refusal and 1 aggravating factor OR DWI violation with 2 aggravating factors |
| First Degree DWI | Felony; punishable by up to 7 years in prison and a $14,000 fine | Fourth DWI incident within 10 years OR following a previous felony DWI or criminal vehicular operation conviction |
Minnesota Implied Consent Law
Anyone who operates, controls, or drives any motor vehicle inside the state consents to a chemical test of their breath, blood, or urine to check for the presence of alcohol or other restricted or intoxicating drugs.
The process for requesting a blood or urine test differs from that for requesting a breath test. An officer does not need a warrant to request that someone give a breath sample, but one is required to request that someone provide a blood or urine sample.
What You Need to Know About Being Pulled Over
Being pulled over and questioned by the police is a very nerve-wracking experience.
Here are some facts you should keep in mind if you are ever pulled over for a suspected DWI:
- Before requesting a breath test or obtaining a warrant for a blood or urine sample, an officer must have reasonable suspicion of impaired driving.
- An officer must have a good reason for the initial stop, but DWI proof is not necessarily required. An officer might stop a car for a variety of infractions. A car swaying would be an excellent example of a reason to stop a vehicle.
- If other information surfaces, an officer may investigate the case further in the form of a breath test or field sobriety test.
- The officer may make an arrest and either request a more rigorous breath test of the suspect’s breath or seek a warrant to obtain a sample of blood or urine if the suspect refuses to cooperate or is unable to cooperate or if these screening tests establish probable cause to believe that the suspect was driving while intoxicated.
- The implied consent advising statement, which explains that testing is required, refusing to submit to a test is illegal, and that the individual has the right to speak with their lawyer before taking the test, must be read to the subject by the officer before the breath test is conducted.
Criminal Penalties
Revocation of Your License
A license can be revoked immediately after a test failure or refusal. After failing a test or refusing one, a motorist has seven days to drive before the revocation is fully implemented. You must retain the services of an accomplished Minnesota DWI lawyer who can apply for judicial review of the entire arrest procedure if you want to have any impact on the license suspension.
You must immediately retain the services of a Minnesota DWI attorney with a considerable and established track record in defending against license suspensions and revocations if you have been stopped on suspicion of driving while intoxicated and are worried about the future of your driver’s license.
Has Your License Been Limited or Restricted?
During revocation or cancellation, a person whose driver’s license has been suspended or revoked may be eligible for a limited or restricted license. For specific work, abstinence-based treatment, educational, and domestic duties, a person with a limited license is permitted to drive six days per week under Section 171.30 of the Minnesota Statutes.
Minnesota Statutes, section 171.09, gives the DPS permission to provide some drivers a license in exchange for their written consent to any limitations considered necessary for the public’s safety. A “restricted license” is the name given to such a license.
Let a Minnesota DWI Lawyer Defend You
The specific facts of the case will determine whether a defense is available. One possible defense may be that the breathalyzer instrument or gadget was unreliable, casting doubt on the admissibility of the prosecution’s case. An experienced Minnesota DWI attorney could emphasize the police officer’s behavior more.
It’s crucial to quickly establish your constitutional rights if you are facing a DWI offense in Minnesota. Possibilities for future work, housing, and credit are just a few long-lasting effects of a DWI conviction. Repeat offenders and first-time offenders are both subject to obligatory fines and penalties.
If you are accused of a DWI, you might be held accountable for several other charges. This is a very serious matter. We recommend contacting a Minnesota DWI lawyer at Martine Law, PLLC, to represent you.
This page states Minnesota law and is for general information, not legal advice.
The four degrees of Minnesota DWI, from the statute
Minnesota does not have one DWI offense. It has four degrees, and which one you face is decided almost entirely by aggravating factors and prior incidents, not by how the driving looked. Every driving-while-impaired charge starts from Minn. Stat. 169A.20; the degree is then set by 169A.24 through 169A.27.
| Degree | What triggers it | Classification | Statute |
|---|---|---|---|
| Fourth degree | A 169A.20 subd. 1 violation with no aggravating factors | Misdemeanor | 169A.27 |
| Third degree | One aggravating factor present, or refusal to submit to a chemical test | Gross misdemeanor | 169A.26 |
| Second degree | Two or more aggravating factors, or refusal plus one aggravating factor | Gross misdemeanor | 169A.25 |
| First degree | Violation within ten years of the first of three or more qualified prior impaired driving incidents, or a prior felony DWI, or a prior felony criminal vehicular homicide or injury conviction | Felony | 169A.24 |
Refusing the test is its own charge, and it raises the degree
This is the provision that surprises people most. Under 169A.26 subd. 1(b), refusing to submit to a chemical test makes the offense third degree on its own, a gross misdemeanor, with no aggravating factor required. And under 169A.25 subd. 1(b), refusal plus a single aggravating factor makes it second degree.
So refusing does not avoid a charge. In most cases it produces a more serious one than blowing would have, because a first-time test refusal lands at third degree while a first-time test failure with no aggravating factors is fourth degree.
What “aggravating factor” actually means
Aggravating factors are defined in 169A.03 and are the hinge of the whole scheme. They include a qualified prior impaired driving incident within ten years, an alcohol concentration of 0.16 or more at the time of testing, and having a child under 16 in the vehicle where the child is more than 36 months younger than the driver. Count the factors and you know the degree.
How first degree is really reached
Felony DWI is not a matter of one very bad night. Under 169A.24 subd. 1(1) it requires a violation within ten years of the first of three or more qualified prior incidents, meaning a fourth incident inside that window. It can also be reached through a prior felony DWI conviction, or a prior felony conviction for criminal vehicular homicide or injury involving substances.
For the ranges attached to misdemeanor and gross misdemeanor classifications, see our guide to misdemeanor versus gross misdemeanor in Minnesota. For how the degrees play out in practice, see Minnesota DWI degrees explained, and for the licence side, the implied consent hearing and its 60-day deadline.
Frequently asked questions about Minnesota DWI laws
How many degrees of DWI are there in Minnesota?
Four. Fourth degree is a misdemeanor, third and second degree are gross misdemeanors, and first degree is a felony. They are set by Minn. Stat. 169A.24 through 169A.27.
Is a first DWI a felony in Minnesota?
Almost never. First degree DWI under 169A.24 generally requires a violation within ten years of the first of three or more qualified prior impaired driving incidents, or a prior felony DWI or felony criminal vehicular homicide or injury conviction.
What happens if I refuse a breath test in Minnesota?
Refusal is charged under 169A.20 subd. 2 and makes the offense third degree by itself, a gross misdemeanor, under 169A.26 subd. 1(b). With one aggravating factor it becomes second degree. Refusing usually produces a more serious charge than testing would have.
What is an aggravating factor in a Minnesota DWI?
Defined in 169A.03. The common ones are a qualified prior impaired driving incident within ten years, an alcohol concentration of 0.16 or more, and a child under 16 in the vehicle who is more than 36 months younger than the driver.
What is the difference between second and third degree DWI in Minnesota?
The count of aggravating factors. One factor is third degree; two or more is second degree. Both are gross misdemeanors, but the exposure and the mandatory penalties differ.
Is DWI the same as DUI in Minnesota?
Minnesota’s statute uses “driving while impaired.” DUI is common speech rather than a separate Minnesota offense. See the difference between DUI and DWI in Minnesota.
Charged with a DWI in Minnesota? The degree turns on facts that are worth contesting, particularly the aggravating-factor count and the validity of a refusal. Call Martine Law at (612) 441-4417 for a free consultation, 24/7.
