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Martine Law PLLC | Updated October 23, 2026
Minnesota’s 2026 DWI changes took effect July 1, 2026. They let the conviction period govern a same-incident license revocation for drivers with no recent prior, extend the search-warrant temporary license to 14 days, and widen ignition interlock eligibility for out-of-state and drug-related criminal vehicular cases. Source: Laws 2026, chapter 97, article 2 The larger overhaul came in 2025, with a 20-year lookback for a single prior incident and longer minimum interlock periods for repeat offenders. Source: Laws 2025, chapter 29 Which rule applies depends on the provision, the incident date and your driving history.
What changed in Minnesota DWI law in 2026?
The 2026 public safety act, Laws 2026, chapter 97, was signed May 18, 2026. Article 2 contains the DWI changes. It has no effective date clause for these sections, and because the act contains an appropriation item, they took effect July 1, 2026, which is also the date the Department of Public Safety lists. Source: Minnesota Statutes 645.02 Source: Minnesota DPS, DVS 2026 Legislative Bulletin
| Change | Who it affects | Before | Now | Effective | Enacted section |
|---|---|---|---|---|---|
| Same-incident revocation | Drivers with no prior in 20 years and fewer than two on record | Old merger rule in 169A.54, subd. 6 | Conviction period applies; child-passenger cases excluded | July 1, 2026 | Ch. 97, art. 2, secs. 6 and 8 |
| Search-warrant temporary license | Blood or urine test under a warrant | 7 days | 14 days | July 1, 2026 | Ch. 97, art. 2, sec. 5 |
| Interlock eligibility | Out-of-state revocations; criminal vehicular cases involving drugs, cannabis or intoxicating substances | Narrower list | Broader list | July 1, 2026 | Ch. 97, art. 2, sec. 7 |
Source: Laws 2026, chapter 97, article 2, sections 5 to 8
Do first-time drivers still serve two revocations?
No. A driver revoked for a test failure or refusal with no prior in 20 years, and then convicted for the same incident, is now subject only to the conviction-based period. Source: Laws 2026, chapter 97, article 2, section 6 Those minimums are at least 30 days for a DWI conviction, 90 days for a refusal conviction, 180 days if under 21 and below twice the legal limit, and one year at twice the limit or more, with at least 90 days added for injury or death. Source: Minnesota Statutes 171.178
- Exception. The rule does not apply when the DWI involved a child under 16 in the vehicle who was more than 36 months younger than the driver. Source: Minnesota Statutes 169A.03
- High readings. The old rule excluded results of twice the legal limit and drivers revoked as under 21. The new text excludes only the child-passenger case, but at twice the limit the conviction period is one year either way.
- Why it changed. The 2025 rewrite did not repeal the old merger rule, but that rule pointed to revocation clauses the 2025 act had removed. The 2026 act moved the rule into 171.178, subdivision 5, paragraph (c), and repealed 169A.54, subdivision 6. Source: Laws 2026, chapter 97, article 2, section 8 Source: Minnesota Statutes 169A.54
Do search-warrant cases get a 14-day temporary license?
Yes. When blood or urine is taken under a search warrant, the officer now issues a temporary license good for 14 days instead of 7, matching the breath-test rule changed in 2025. Source: Laws 2026, chapter 97, article 2, section 5
Who became newly eligible for ignition interlock in 2026?
Two groups. A license revoked for a violation of another state’s law that conforms to Minnesota’s implied consent or DWI statutes now qualifies. Criminal vehicular homicide and operation cases now qualify when based on a controlled substance, cannabis, an intoxicating substance, or a Schedule I or II substance in the body, not only alcohol, and the old harm-level wording was removed. Source: Laws 2026, chapter 97, article 2, section 7 Source: Minnesota Statutes 609.2112 Ordinary drug-based DWI revocations under the implied consent law were already covered.
Which 2025 DWI changes still affect Minnesota drivers?
Most of the current license framework comes from Laws 2025, chapter 29, signed May 22, 2025. The civil license and interlock sections have no effective date clause and took effect July 1, 2025, because the act contains an appropriation. The criminal sections in sections 1, 10, 16 and 21 took effect August 1, 2025, for crimes committed on or after that date. Source: Laws 2025, chapter 29 Source: Minnesota Statutes 645.02
Does Minnesota now use a 20-year DWI lookback?
Yes, for license consequences of a single prior incident. Section 13 created 171.178, effective July 1, 2025. A driver with one qualified prior impaired driving incident within 20 years, or two or more at any time, is revoked until the Commissioner confirms completion of the required interlock period. Source: Minnesota Statutes 171.178 Before, one prior within ten years, or two or more at any time, lengthened the revocation. Source: Laws 2025, chapter 29, sections 2 and 3
The criminal side did not change. A prior counts as an aggravating factor only within ten years, but a prior felony DWI or a listed felony criminal vehicular conviction makes a new DWI first-degree regardless of age. Source: Minnesota Statutes 169A.03 Source: Minnesota Statutes 169A.24 A prior incident means a conviction or impaired-driving license revocation, and a conviction and revocation from the same incident count once. Source: Minnesota Statutes 169A.09
How long is ignition interlock for repeat offenders?
The law sets minimum participation periods, which can be extended:
- At least two years with one prior incident within 20 years.
- At least six years with two prior incidents.
- At least ten years with three or more.
- For criminal vehicular operation or homicide, periods from two years to life, depending on the harm and the number of priors.
Source: Minnesota Statutes 171.178
Repeat-track drivers can drive during that time on an interlock-restricted license; full privileges return only after the period is completed. Section 17 also made criminal vehicular homicide offenders program participants. Source: Minnesota Statutes 171.306 See how the ignition interlock program works.
Who must complete treatment before full reinstatement?
Repeat-track and criminal vehicular drivers must complete a licensed substance use disorder treatment or rehabilitation program before full privileges are restored. Source: Minnesota Statutes 171.178 Every program participant must follow any treatment recommended in a chemical use assessment, but a first-time voluntary participant is not categorically required to complete a treatment program. Source: Minnesota Statutes 171.306
Two follow-on rules also come from section 13:
- After treatment. A participant who completed treatment and then registers 0.02 or higher on the device, or is convicted of a non-driving alcohol offense, must show abstinence for the full applicable period, with credit for half the time already served.
- New revocation. A participant who commits a new revoking act is terminated, may reenter, and gets no credit for earlier time.
Source: Minnesota Statutes 171.178
What are the penalties for driving without an interlock?
Driving, operating or being in physical control of a vehicle without a functioning certified device while holding an interlock-restricted license is a gross misdemeanor for crimes on or after August 1, 2025. Source: Laws 2025, chapter 29, sections 10 and 21 Source: Minnesota Statutes 171.09 Driving after revocation is also a gross misdemeanor for a person required to use interlock. Source: Minnesota Statutes 171.24 A participant may still drive an employer-owned vehicle in the normal course of employment under DPS guidelines and with written employer consent. Source: Minnesota Statutes 171.306
Program violations extend the revocation and the interlock period by 180 days for a first violation, one year for a second, and 545 days for a third and each later violation. Section 15 lets a driver petition a district court to review an extension within 180 days of the date on the notice of extension. Source: Minnesota Statutes 171.306 Source: Minnesota Statutes 171.19 See ignition interlock violations.
What changed for temporary licenses, plates and fees?
- Breath-case temporary license. Section 4 raised it from 7 to 14 days, effective July 1, 2025. Source: Minnesota Statutes 169A.52
- Plates. Sections 6 to 8 let officers invalidate plates with a permanent sticker, raised the temporary vehicle permit from 7 to 14 days when the vehicle is registered to the violator, and raised the plate surrender deadline to 14 days. The 45-day permit for a vehicle registered to someone else did not change. Source: Minnesota Statutes 169A.60
- Sticker crime. Section 1 made it a crime to intentionally remove, obliterate or damage the invalidation sticker, effective August 1, 2025. Source: Minnesota Statutes 169A.37
- Fee timing. Section 19 lets participants get the restricted license before paying the reinstatement fee and surcharge, which must be paid in full before full reinstatement. Source: Minnesota Statutes 171.306
Did the 2025 special session change the DWI laws?
Only technically. Laws 2025, First Special Session, chapter 8, article 2, sections 54, 55, 109 and 110 corrected cross-references in 171.306 and 171.178. Section 56 requires the Commissioner to adopt the interlock standards and program guidelines as rules, effective June 15, 2025, the day after final enactment. Source: Laws 2025, First Special Session, chapter 8
Which DWI law applies to my incident date?
The incident date and the provision control:
- Incident before July 1, 2025. DPS applies the older ten-year interlock rules. Source: Minnesota DPS Ignition Interlock Device Program
- Incident on or after July 1, 2025. DPS requires interlock for a second offense within 20 years, and the 171.178 periods apply.
- Crime on or after August 1, 2025. The gross misdemeanor interlock offenses and the sticker crime apply.
- On or after July 1, 2026. The 2026 same-incident rule, the 14-day warrant temporary license and the broader interlock eligibility are in effect. Chapter 97 does not state a separate incident-date rule for these sections.
The 20-year window can create a split: a fourth-degree misdemeanor charge with repeat-offender license consequences, when an older prior counts for licensing but falls outside the ten-year criminal window and no felony prior applies. A Minneapolis DWI lawyer or our Minnesota DWI defense team can review both records. For repeat charges, see second and third DWI defense options.
Did anything change in 2024?
One 2024 change matters for testing. Laws 2024, chapter 123, article 5, sections 1 to 9 defined a DWI search warrant to include one issued in an adjacent state when the person is located there. Those sections took effect July 1, 2024, because the act contains appropriations and they have no separate effective date. Source: Laws 2024, chapter 123, article 5 Source: Minnesota Statutes 169A.03 This page covers the main enacted changes, not every 2024 licensing amendment.
What stayed the same in Minnesota DWI law?
- The limits. The per se limit is 0.08, and 0.04 in a commercial motor vehicle. Impairment-based DWI can apply below those numbers. Source: Minnesota Statutes 169A.20
- The degrees. Fourth degree is a misdemeanor, second and third are gross misdemeanors, first is a felony, and 0.16 remains an aggravating factor. Source: Minnesota Statutes 169A.27 Source: Minnesota Statutes 169A.03
- The license petition. The 60-day deadline to petition for judicial review is unchanged. Source: Minnesota Statutes 169A.53 See our license revocation defense page.
- Plate impoundment. The statute still provides for it. S.F. 1484, a 2025 Senate bill on plate impoundment and reissue, shows only introduction and referral to committee. Source: Minnesota Legislature, S.F. 1484 See whiskey plates in Minnesota.
What do people ask about the new Minnesota DWI laws?
Does a DWI from 15 years ago count now?
For your license, yes. One prior within 20 years puts you on the repeat track with at least two years of interlock. For the criminal charge, a nonfelony prior older than ten years does not raise the degree. Source: Minnesota Statutes 171.178 Source: Minnesota Statutes 169A.03
Does every interlock participant need treatment?
No. Repeat-track and criminal vehicular drivers must complete licensed treatment before full reinstatement. Other participants must follow any treatment their assessment recommends. Source: Minnesota Statutes 171.306
Can I wait out a revocation instead of using interlock?
A first-time driver can. A repeat-track revocation lasts until the Commissioner confirms you used interlock for the required period, so waiting alone does not end it. Source: Minnesota Statutes 171.178
Were whiskey plates abolished?
No. Plate impoundment remains, with a sticker option and 14-day deadlines since 2025. A qualifying interlock participant can obtain new plates. Source: Minnesota Statutes 169A.60
Talk with Martine Law about the new DWI laws
Martine Law PLLC reviews the criminal file and the Department of Public Safety record together, so the incident date, lookback and interlock rules are applied correctly from the start. 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.
