2025 Session
Last amended: 2023 session
§ 169A.27 — Fourth-degree Driving While Impaired
Plain-Language Summary
Fourth-degree DWI is the least serious impaired driving charge in Minnesota. It is a misdemeanor and applies when a person commits a DWI with no aggravating factors present. This is the charge for a typical first-time DWI offense.
169A.27 FOURTH-DEGREE DRIVING WHILE IMPAIRED.
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Subdivision 1.Degree described.
A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of fourth-degree driving while impaired. §
Subd. 2.Criminal penalty.
Fourth-degree driving while impaired is a misdemeanor.
History:
2000 c 478 art 1 s 10; 1Sp2001 c 8 art 11 s 6; 1Sp2001 c 9 art 19 s 7; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 6; 2009 c 83 art 2 s 15; 2023 c 25 s 86
History: History: 2000 c 478 art 1 s 10; 1Sp2001 c 8 art 11 s 6; 1Sp2001 c 9 art 19 s 7; 2002 c 379 art 1 s 113; 1Sp2003 c 2 art 9 s 6; 2009 c 83 art 2 s 15; 2023 c 25 s 86
Practical Notes
When this applies: When a person is charged with a DWI and no aggravating factors are present. Who this affects: Typically first-time DWI offenders in Minnesota with a blood alcohol level below 0.16 and no other aggravating factors. Key points: This is a misdemeanor, carrying up to 90 days in jail and/or a $1,000 fine. Even though this is the lowest-level DWI charge, a conviction still results in a driver’s license revocation and will appear on your criminal record. A substance use disorder assessment is required if your blood alcohol was 0.16 or higher or you have a prior incident within 10 years.