2025 Session Last amended: 2020 session

§ 169A.24 — First-degree Driving While Impaired

Plain-Language Summary

First-degree DWI is the most serious impaired driving charge in Minnesota. It is a felony, punishable by up to 7 years in prison and a $14,000 fine. A person faces this charge if they have three or more prior DWI incidents within 10 years, a prior felony DWI conviction, or a prior felony conviction for criminal vehicular homicide or injury involving alcohol or drugs.

169A.24 FIRST-DEGREE DRIVING WHILE IMPAIRED.

Subdivision 1.Degree described.

A person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person:

(1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents;

(2) has previously been convicted of a felony under this section; or

(3) has previously been convicted of a felony under:

(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6);

(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, clauses (2) to (6);

(iii) section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, subdivision 1, paragraph (a), clauses (2) to (6), or subdivision 2, clauses (2) to (6); or

(iv) a statute from this state or another state in conformity with any provision listed in item (i), (ii), or (iii). §

Subd. 2.Criminal penalty.

A person who commits first-degree driving while impaired is guilty of a felony and may be sentenced to imprisonment for not more than seven years, or to payment of a fine of not more than $14,000, or both. The person is subject to the mandatory penalties described in section 169A.276 (mandatory penalties; felony violations).

History:

1Sp2001 c 8 art 11 s 3; 1Sp2001 c 9 art 19 s 4; 2002 c 379 art 1 s 113; 2006 c 260 art 2 s 3; 2007 c 54 art 3 s 14; 2012 c 222 s 3; 2014 c 180 s 3,9; 1Sp2019 c 5 art 6 s 3; 2020 c 83 art 1 s 57

History: History: 1Sp2001 c 8 art 11 s 3; 1Sp2001 c 9 art 19 s 4; 2002 c 379 art 1 s 113; 2006 c 260 art 2 s 3; 2007 c 54 art 3 s 14; 2012 c 222 s 3; 2014 c 180 s 3,9; 1Sp2019 c 5 art 6 s 3; 2020 c 83 art 1 s 57

Practical Notes

When this applies: When a person is charged with DWI and has three or more qualified prior impaired driving incidents within 10 years, or has a prior felony DWI or criminal vehicular homicide conviction. Who this affects: Repeat DWI offenders in Minnesota. Key points: This is a felony carrying up to 7 years in prison and/or a $14,000 fine. Mandatory minimum penalties under section 169A.276 apply, including a minimum 3-year prison sentence (though execution may be stayed). Prior incidents from other states count. The 10-year lookback period is measured from the date of the first prior incident. A conviction under this section triggers vehicle forfeiture under section 169A.63.

Source: Minnesota Office of the Revisor of Statutes