If you’ve been pulled over in Minnesota and charged with a driving offense involving alcohol or drugs, you may be wondering: what’s the difference between DUI and DWI? Are they the same thing? Does one carry more severe penalties than the other?
These are common questions, and the confusion is understandable. DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are terms that are often used interchangeably. However, in Minnesota, there’s a legal distinction worth understanding—especially if you are facing charges.
In this blog, we’ll break down how Minnesota classifies DUI and DWI, how they’re treated in court, and what you should do if you’re arrested for either.
Minnesota’s Legal Terminology: DUI vs. DWI
In Minnesota, DWI is the official legal term used in statutes and court proceedings. Under Minnesota Statute § 169A.20, DWI is defined as operating, driving, or being in physical control of a motor vehicle:
- With a blood alcohol concentration (BAC) of 0.08% or more
- While under the influence of alcohol, drugs, or a combination
- While having any amount of a Schedule I or II controlled substance (excluding marijuana) in your system
The term DUI, or Driving Under the Influence, is more commonly used in casual conversation or media but is not the term used in Minnesota’s legal code.
So technically, if you’re arrested in Minnesota, you’re being charged with DWI. However, DUI and DWI essentially refer to the same conduct: driving while impaired.
What About “Physical Control” of a Vehicle?
You don’t actually have to be driving to be charged with a DWI in Minnesota. The law includes “physical control” of a vehicle, which means you could face charges even if you’re sitting in the driver’s seat with the engine off.
For example, sleeping in your parked car while intoxicated could still result in a DWI charge, depending on the circumstances. The courts will look at factors such as:
- Where the keys were located
- Whether the engine was running
- Whether the vehicle was parked legally
- Your intent to drive
Alcohol vs. Drug Impairment
DWI charges in Minnesota cover more than just alcohol. You can also be charged if you’re impaired by:
- Illegal drugs like cocaine or methamphetamine
- Prescription medications that impair your ability to drive
- A combination of alcohol and drugs
In fact, Minnesota has a zero-tolerance policy for certain controlled substances in your system while operating a vehicle. If you’re found with even trace amounts of a Schedule I or II drug in your body, you can be charged with DWI regardless of whether you’re visibly impaired.
DUI/DWI Penalties in Minnesota
Whether you call it a DUI or DWI, the penalties can be severe—especially for repeat offenders or those with aggravating factors.
Here’s a breakdown:
First Offense (Misdemeanor DWI)
- Up to 90 days in jail
- Fines up to $1,000
- 90-day license suspension (possible limited license)
- Possible ignition interlock requirement
- Mandatory chemical dependency evaluation
Second Offense (Within 10 Years)
- Up to 1 year in jail
- Fines up to $3,000
- License suspension of 1 year or more
- Mandatory ignition interlock device
- Possible impoundment of license plates or vehicle
Third and Fourth Offenses
- Felony charges may apply
- Long-term license cancellation
- Extended jail or prison time
- Vehicle forfeiture
- Lifetime criminal record
Other aggravating factors that can increase penalties include:
- Refusing a chemical test
- Having a BAC of 0.16 or higher
- Having a child in the vehicle
- Causing an accident or injury
For full details, refer to the Minnesota Department of Public Safety.
Can You Be Charged Without Failing a Breath Test?
Yes. Minnesota allows DWI charges based on observed impairment even if your BAC is below 0.08%. If a police officer observes:
- Slurred speech
- Bloodshot eyes
- Poor coordination
- Erratic driving behavior
You could still be charged based on field sobriety tests, officer testimony, and other evidence. In drug-related DWIs, a chemical test may not show alcohol, but other substances could be detected in your system.
Should You Refuse the Breathalyzer?
Refusing a chemical test can trigger automatic license revocation under Minnesota’s Implied Consent Law. You may also face enhanced criminal penalties for refusal.
While some believe that refusing a test gives them a legal advantage, this strategy can backfire. Always consult a lawyer before deciding how to proceed.
DUI/DWI and Commercial Drivers
If you hold a commercial driver’s license (CDL), the standards are even stricter. Minnesota prohibits driving a commercial vehicle with a BAC of 0.04% or higher. A DWI conviction may result in:
- CDL disqualification for at least 1 year
- Longer disqualification for hazardous material drivers
- Loss of livelihood if your job requires a clean driving record
CDL holders face serious consequences and should consult with an attorney immediately after any arrest.
DUI/DWI and Minors (Underage Drinking and Driving)
Minnesota enforces a Not a Drop Law for drivers under 21. This means any measurable amount of alcohol can result in:
- Immediate license suspension
- Possible misdemeanor charges
- Required alcohol education courses
If the underage driver has a BAC of 0.08% or more, they will face adult DWI charges and penalties.
How a DWI Conviction Affects Your Record
A DWI in Minnesota is a permanent mark on your criminal record unless it is expunged. It can affect:
- Employment opportunities
- Housing applications
- College admissions
- Professional licenses
- International travel
For repeat offenders, DWIs are considered “priorable offenses”, meaning each subsequent DWI carries heavier penalties.
Do You Need a Lawyer for a DWI?
Yes. Minnesota DWI laws are complex, and prosecutors are aggressive in pursuing convictions. At Martine Law, we help clients:
- Analyze the arrest for procedural errors
- Challenge the validity of breath or blood tests
- Build a solid defense based on facts and law
- Negotiate for reduced charges or license reinstatement
- Represent them in court and DMV hearings
If you are facing a DWI charge in Minnesota, contact Martine Law right away. Early legal representation can make a major difference in your case outcome.
Final Thoughts
While DUI and DWI are often used interchangeably, Minnesota legally recognizes DWI as the formal term for impaired driving offenses. Regardless of what you call it, the impact on your life can be serious. Understanding your rights and working with an experienced attorney is critical to protecting your future.
Need help with a DWI charge in Minnesota? Schedule your consultation with Martine Law today.