2025 Session Last amended: 2023 session

§ 169A.26 — Third-degree Driving While Impaired

Plain-Language Summary

Third-degree DWI is a gross misdemeanor in Minnesota. A person faces this charge if they commit a driving while impaired offense with one aggravating factor present, or if they refuse a chemical test (no aggravating factor is required for the refusal version). The mandatory penalties under section 169A.275 and long-term monitoring under section 169A.277 may also apply.

Practical Notes
When this applies: When a person violates the driving while impaired crime with one aggravating factor present, or refuses a chemical test. Who this affects: DWI defendants in Minnesota with one aggravating factor, or anyone who refuses a breath, blood, or urine test. Key points: This offense is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable. Test refusal alone, even with no aggravating factors, qualifies as third-degree DWI.