DUI / DWI Charges in Minnesota
Overview
In Minnesota, driving under the influence of alcohol or drugs is charged as DWI (Driving While Impaired) under Minn. Stat. § 169A . The state uses the term DWI, not DUI, though both refer to the same offense.
A DWI arrest starts two separate processes at the same time. One is a criminal case in court. The other is an administrative action against your driver’s license through the Department of Vehicle Services (DVS). Each process has its own deadlines and consequences.
Penalties range from a misdemeanor for a first offense to a felony for repeat offenders. Your blood alcohol concentration (BAC), prior record, and the facts of your case all affect how serious the charges are.
Who this guide is for: Anyone who has been arrested for or charged with DWI in Minnesota and wants to understand the charges, penalties, and court process.
- You have the right to consult with an attorney before deciding whether to take a chemical test.
- You have 60 days to challenge your license revocation through an implied consent hearing.
- You have the right to a jury trial on any DWI charge.
- You may qualify for a public defender if you cannot afford an attorney.
- The criminal case and the license revocation are two separate processes – you must respond to both.
- Some counties offer diversion programs for first-time offenders that may keep a conviction off your record.
This is legal information, not legal advice. For help with your specific situation, contact a legal aid organization.
Understanding the Charges
Minnesota DWI offenses are divided into four degree levels based on aggravating factors and prior offenses. The most serious is first degree.
- Fourth Degree DWI (Misdemeanor): A first-time DWI with no aggravating factors. Up to 90 days in jail and a $1,000 fine. This is the most common charge for first-time offenders.
- Third Degree DWI (Gross Misdemeanor): A DWI with two or more aggravating factors, or one prior DWI within 10 years. Up to one year in jail and a $3,000 fine.
- Second Degree DWI (Gross Misdemeanor): A DWI with a BAC of 0.16 or higher, or a test refusal combined with one aggravating factor. Up to one year in jail and a $3,000 fine.
- First Degree DWI (Felony): A DWI with three or more prior qualified impaired driving incidents within 10 years, or a prior felony DWI conviction at any time. Up to seven years in prison and a $14,000 fine.
Aggravating factors under Minn. Stat. § 169A.03 include:
- A prior DWI within the past 10 years
- A BAC of 0.16 or higher
- A child under age 16 in the vehicle
The Two-Track Process
A DWI arrest triggers two separate proceedings. You must respond to both.
Criminal Court Track: The county attorney files criminal charges. You will go through arraignment, pretrial hearings, and possibly a trial. A conviction results in fines, possible jail time, probation, and a criminal record.
DVS Administrative Track: The Department of Vehicle Services revokes your driver’s license separately from the criminal case. This happens automatically after a failed breath test or a test refusal. You have 60 days from the date of the notice to request an administrative hearing to challenge the revocation under Minn. Stat. § 169A.53 .
Implied Consent Law
Under Minn. Stat. § 169A.51 , Minnesota’s implied consent law means that by driving on Minnesota roads, you have agreed to take a chemical test (breath, blood, or urine) if an officer has probable cause to believe you are impaired. Refusing the test is a separate crime that carries its own penalties, including longer license revocation periods.
Step-by-Step Process
Step 1: Understand Your Charges and Paperwork
After your arrest, you will receive paperwork that includes:
- A citation or complaint listing the criminal charges against you
- An implied consent advisory form showing whether you took or refused the test
- A notice of license revocation from DVS (if your BAC was over the legal limit or you refused the test)
- A temporary license that is valid for a short period
Read all of these documents carefully. They contain important dates and deadlines.
Step 2: Request an Implied Consent Hearing (Within 60 Days)
If your license was revoked, you have the right to challenge that revocation at an implied consent hearing. You must request this hearing within 60 days of the date on the revocation notice.
- File the request with the court in the county where the incident occurred
- There is a filing fee (typically around $250-$300)
- At the hearing, a judge will review whether the officer had probable cause, whether the test was properly administered, and whether the results are reliable
- If you win, your license revocation may be rescinded
Step 3: Appear for Criminal Arraignment
Your first criminal court date is the arraignment. At this hearing:
- The judge will read the charges against you
- You will enter a plea of guilty, not guilty, or no contest
- The judge may set bail conditions (such as no alcohol use or random testing)
- If you do not have a lawyer, the judge will ask if you want to apply for a public defender
Most attorneys advise entering a not guilty plea at arraignment. This gives you time to review the evidence and explore your options before making any decisions.
Step 4: Consider Hiring an Attorney
DWI cases are legally complex. An attorney can:
- Review the police reports and test results for errors
- Challenge the traffic stop, field sobriety tests, or breath test procedures
- Negotiate with the prosecutor for reduced charges or alternative sentencing
- Represent you at both the criminal hearing and the implied consent hearing
If you cannot afford an attorney, you may qualify for a public defender. You can also contact legal aid organizations for help.
Step 5: Attend Pretrial Hearings or Trial
After arraignment, your case may go through several stages:
- Pretrial hearings: Your attorney and the prosecutor discuss the case. Many DWI cases are resolved through plea negotiations at this stage.
- Omnibus hearing: If there are legal issues to resolve (such as whether evidence should be suppressed), the judge will hold a separate hearing.
- Trial: If no agreement is reached, your case goes to trial. You have the right to a jury trial for any DWI charge.
You must attend every scheduled court date. If you cannot make a date, contact your attorney or the court as soon as possible.
Step 6: Complete Sentencing Requirements
If you are convicted or plead guilty, the judge will order a sentence. Common requirements include:
- Fines and surcharges
- Probation (typically one to two years)
- Alcohol education or treatment programs (a chemical use assessment is usually required)
- Community service
- Ignition interlock device on your vehicle (required for higher-degree offenses and to get your license back sooner under Minn. Stat. § 171.306 )
- Jail time (for more serious offenses)
You must complete all requirements by the deadlines set by the court. Failing to do so can result in a probation violation and additional penalties.
Key Deadlines
| Deadline | Details |
|---|---|
| 60 days after revocation notice | Deadline to request an implied consent hearing to challenge license revocation |
| Arraignment date on citation | You must appear in court on this date or a bench warrant will be issued |
| 15 days after plate impoundment notice | Deadline to request a judicial review of plate impoundment |
| As ordered by court | Deadlines for completing alcohol assessments, treatment, and other sentencing conditions |
Costs & Fees
| Item | Cost |
|---|---|
| Implied consent hearing filing fee | $250 - $300 |
| Fourth degree DWI fine (maximum) | $1,000 |
| Third / second degree DWI fine (maximum) | $3,000 |
| First degree DWI fine (maximum) | $14,000 |
| License reinstatement fee | $680 |
| Ignition interlock device (monthly) | $75 - $125 |
| Chemical use assessment | $150 - $450 |
| DWI education program | $250 - $500 |
| Surcharges and fees | Vary by county |
DUI/DWI Response Checklist
When to Get a Lawyer
DWI cases are legally complex, and the consequences are serious. You should strongly consider hiring a lawyer if:
- You face third, second, or first degree DWI charges (gross misdemeanor or felony)
- You refused the breath test (this is a separate criminal charge)
- You have prior DWI convictions
- You need your driver’s license for work
- You want to challenge the traffic stop, field sobriety tests, or test results
Many DWI attorneys offer a free initial consultation. If you cannot afford a lawyer, you may qualify for a public defender.
Related Guides
A plain-language guide to understanding your right to a public defender in Minnesota, including eligibility, how to apply, and what to expect. A plain-language guide to handling a missed court appearance in Minnesota, including bench warrants, how to resolve them, and your legal options. Learn how to seal or expunge a criminal record in Minnesota. Plain-language guide covering eligibility, the step-by-step process, costs, and where to get help.Getting a Public Defender in Minnesota
What to Do If You Missed a Court Date in Minnesota
Criminal Record Expungement in Minnesota
Where to Get Help
Mid-Minnesota Legal Aid
Volunteer Lawyers Network
LawHelpMN
- Minnesota Board of Public Defense – If you qualify, a public defender will be appointed at no cost. Visit pubdef.state.mn.us
- Minnesota Judicial Branch Self-Help Center – Court forms and information. Call 651-296-0017 or visit mncourts.gov/selfhelp
- Department of Vehicle Services (DVS) – For license reinstatement questions. Call 651-297-3298
- AA / substance use resources – Alcoholics Anonymous Minnesota: aaminnesota.org. For treatment referrals, call 1-800-662-4357 (SAMHSA National Helpline)
Frequently Asked Questions
What is the legal BAC limit in Minnesota? The legal limit is 0.08 for drivers age 21 and over. For commercial drivers, the limit is 0.04. For drivers under 21, any detectable amount of alcohol is illegal. A BAC of 0.16 or higher is an aggravating factor that increases the severity of the charges.
Can I lose my license even if the criminal charges are dropped? Yes. The DVS license revocation is a separate administrative action from the criminal case. Even if the criminal charges are reduced or dismissed, your license can still be revoked through the DVS process. You must challenge the revocation separately through an implied consent hearing.
What happens if I refused the breath test? Refusing a breath, blood, or urine test is a crime under the implied consent law ( Minn. Stat. § 169A.20 ). A refusal typically results in a longer license revocation than a failed test. It is also treated as an aggravating factor when determining the degree of the DWI charge.
Will a DWI go on my permanent record? Yes. A DWI conviction in Minnesota stays on your criminal record permanently unless you get it expunged. It also stays on your driving record for purposes of counting prior offenses. DWI offenses in the past 10 years count as prior offenses when determining the degree of a new charge.
What is an ignition interlock device? An ignition interlock device is a breathalyzer installed on your vehicle. You must blow into it before the car will start. If your breath sample shows alcohol, the vehicle will not start. Under Minn. Stat. § 171.306 , the interlock program allows some drivers to get a limited license sooner than they otherwise would during a revocation period.
Can I get a work permit while my license is revoked? In many cases, yes. You may be eligible for a limited license that allows you to drive to work, school, and treatment. For higher-degree offenses, you may need to enroll in the ignition interlock program to get a limited license. Contact DVS for details about your specific situation.