If you had a DWI conviction in 2007 and thought it was behind you, Minnesota’s newest DWI legislation says otherwise. A conviction from nearly two decades ago can now be used to increase your penalties if you’re arrested again today.
On May 22, 2025, Governor Tim Walz signed HF 2130 into law with overwhelming bipartisan support, 126-5 in the House and 66-0 in the Senate. The law took effect on August 1, 2025, and it represents the most sweeping overhaul of Minnesota’s DWI statutes in years.
At Leverson Budke, we’ve already seen the impact of these changes on clients walking through our doors. Here’s what every Minnesota driver needs to understand, whether you have a past conviction or are facing a new charge under the updated rules.
Why the Law Changed: The Park Tavern Tragedy
HF 2130 didn’t happen in a vacuum. The legislation was a direct response to a devastating incident that shook the Twin Cities community.
On September 1, 2024, a driver crashed into the crowded patio of Park Tavern in St. Louis Park, killing two people — Kristina Folkerts and Gabe Harvey, both 30 years old — and injuring twelve others. The driver’s blood alcohol content was more than four times the legal limit. He had five prior DWI convictions stretching back to 1985.
Here’s the critical detail: despite that record, he wasn’t required to have an ignition interlock device on his vehicle. Under the old law, the 10-year lookback window meant his older convictions had essentially “expired” for administrative purposes. His interlock requirement had ended in 2020, and he was legally driving without one.
State Senator Ron Latz, who represents St. Louis Park, was among the first lawmakers to push for reform. Rep. Larry Kraft, also from St. Louis Park, authored the House version of the bill. Both cited data showing that 43% of DWI convictions in Minnesota involve repeat offenders, and that ignition interlocks reduce repeat offenses by approximately 70% while installed.
The result was HF 2130 — legislation designed to close the gaps that allowed repeat offenders to slip through the system.
The Biggest Change: 20-Year Lookback Period (Up From 10)
Under the previous law, Minnesota only looked back 10 years when determining whether someone was a “repeat offender” for license revocation and ignition interlock purposes. If your last DWI was more than a decade ago, it essentially didn’t count toward enhancing your administrative penalties.
HF 2130 doubled that window to 20 years.
What this means in practice: if you were convicted of a DWI in 2007 and get arrested for DWI in 2026, that 2007 conviction now counts as a prior offense. Under the old law, it wouldn’t have.
This is an enormous shift. It dramatically increases the number of Minnesota drivers who will face enhanced penalties — longer license revocations, mandatory ignition interlock requirements, and extended treatment obligations — if they’re arrested for impaired driving today.
Important Distinction: Administrative vs. Criminal
It’s worth understanding exactly where the 20-year lookback applies:
The extended lookback governs the administrative and civil side of your DWI case — meaning license revocations, ignition interlock requirements, and plate impoundment. These are handled by the Minnesota Department of Public Safety, not the criminal courts.
For criminal charging purposes (determining whether you face a misdemeanor, gross misdemeanor, or felony), Minnesota already had its own lookback framework under Minn. Stat. § 169A.03. HF 2130 does not directly change how prosecutors decide what degree of DWI to charge, but the administrative consequences now reach back much further.
This distinction matters because many drivers focus entirely on the criminal case and overlook the administrative case — which often has the more immediate impact on their daily life through license revocation.
New Ignition Interlock Requirements: Longer, Stricter, Mandatory
HF 2130 fundamentally restructured Minnesota’s ignition interlock program. Under the new framework, any driver with more than one DWI offense within the past 20 years must participate in the ignition interlock program to be eligible for a driver’s license.
Here are the new minimum interlock participation periods:
| Prior Offenses (within 20 years) | Minimum Interlock Period |
| 1 prior DWI | 2 years |
| 2 prior DWIs | 6 years |
| 3 or more prior DWIs | 10 years |
| Criminal vehicular homicide/operation (with death or great bodily harm) | 15 years |
| DWI-related fatality + 2 or more prior DWIs | Lifetime |
Under the old law, the maximum interlock period was six years for four or more offenses. The new structure is significantly harsher, particularly for drivers with three or more convictions — they now face a decade on interlock.
Mandatory Treatment Before Full Reinstatement
Another major change: every ignition interlock participant must now complete a licensed substance use disorder treatment or rehabilitation program before their full driving privileges can be restored. Previously, participants were only required to begin treatment — not finish it.
The Department of Public Safety now has authority to deny license reinstatement if you cannot provide proof of completed treatment.
Driving Without Your Interlock Is Now a Gross Misdemeanor
Before HF 2130, driving a vehicle without a required interlock device was primarily an administrative violation. Under the new law, it’s been elevated to a gross misdemeanor — a criminal offense that can result in up to one year in jail and a $3,000 fine.
This applies to any vehicle. Borrowing a friend’s car, driving a rental, or getting behind the wheel of any vehicle that doesn’t have your interlock installed can now result in criminal charges on top of extended revocation.
License Revocation Changes
HF 2130 consolidated and restructured Minnesota’s license revocation provisions into a single section of law (Minn. Stat. § 171.178). While first-time offenders with no prior incidents face the same revocation periods as before, repeat offenders face extended revocation timelines because of the 20-year lookback.
Here’s one positive change worth noting: the temporary driving permit period after a DWI arrest has been extended from 7 days to 14 days. When you’re arrested for DWI, the officer confiscates your physical license and issues a temporary permit. You now have two weeks — instead of one — to request an administrative hearing with the Department of Public Safety to challenge the revocation. This extra week gives you more time to consult with a DWI attorney and make informed decisions about your case.
Whiskey Plates and Plate Impoundment
HF 2130 also modified the plate impoundment process. Minnesota remains one of only two states (along with Ohio) that uses special “whiskey plates” — registration plates beginning with “W” — to identify certain DWI offenders’ vehicles. The new law updates the procedural framework for how plates are impounded and reissued, though the fundamental whiskey plate system remains in place.
If you’re subject to plate impoundment, the law now clarifies that entering the ignition interlock program can stay a vehicle forfeiture proceeding — but only if you do so before the vehicle is actually forfeited.
Criminal Vehicular Homicide: Now Eligible for Interlock
Under the old law, drivers convicted of criminal vehicular homicide (CVH) or criminal vehicular operation (CVO) involving alcohol weren’t eligible for the ignition interlock program. That meant after serving their revocation period, they could potentially return to driving without any ongoing monitoring.
HF 2130 closes this gap. CVH and CVO offenders are now required to complete the interlock program before regaining driving privileges. Depending on the severity — whether the crash involved death or great bodily harm — the interlock requirement can be 15 years or, in cases with multiple prior DWIs, a lifetime.
The $680 Reinstatement Fee: Payment Flexibility
One aspect of HF 2130 that actually helps drivers is that the law now allows participants to begin the ignition interlock program before paying the full $680 license reinstatement fee. Previously, the fee had to be paid in full upfront before you could even enroll.
Under the new structure, you can start driving on a restricted interlock license and pay the reinstatement fee in installments. The full fee must still be paid before you graduate to a standard, unrestricted license, but this change removes a financial barrier that prevented some drivers from participating in the program at all.
How This Affects You: Real Scenarios
Scenario 1: The “Old” DWI You Forgot About. You were convicted of DWI in 2008. No issues since. You get pulled over in 2026 after having two drinks at dinner. Under the old law, your 2008 conviction was outside the 10-year lookback and wouldn’t count. Under HF 2130, it counts — and now you’re facing a mandatory 2-year license revocation and a 2-year ignition interlock requirement instead of the penalties for a first offense.
Scenario 2: CDL Holder. You hold a commercial driver’s license and had a DWI in your personal vehicle in 2010. If you’re arrested for DWI in 2026, the 20-year lookback means your 2010 conviction triggers enhanced penalties. And remember — CDL holders face a BAC threshold of just 0.04%, not 0.08%. A second DWI-related offense means lifetime CDL disqualification under federal regulations, regardless of what happens in your Minnesota case.
Scenario 3: Interlock Violation. You’re currently on the interlock program and blew a 0.03 during a rolling retest. Under the new law, each violation can extend your required interlock period by 180 days, up to 1 year, depending on the circumstances. If you have multiple violations, the extensions stack — potentially adding years to your program participation.
What You Should Do Now
If you have a DWI conviction from any time in the past 20 years, it’s worth understanding exactly how HF 2130 could affect you if you’re arrested again. Here’s what we recommend:
Know your record. Start by requesting your driving record from the Minnesota Department of Public Safety. From there, pinpoint when your prior conviction occurred and identify its degree — offenses range from fourth-degree (the least severe) to first-degree (the most serious). Both details are critical because together they determine exactly where you stand under Minnesota’s lookback rules.
Understand the 14-day deadline. A DWI arrest triggers an immediate clock. Under the new law, you have 14 days — doubled from the previous 7 — to formally request an administrative hearing and challenge your license revocation. That window may feel longer, but it closes quickly once the reality of an arrest sets in. Let it expire, and you forfeit your right to contest the revocation entirely.
Talk to a lawyer immediately. The interaction between the administrative case and the criminal case is more complex than ever under HF 2130. Decisions made in one proceeding can affect the other. An experienced Minnesota DWI lawyer can evaluate both sides of your case and develop a strategy that accounts for the new rules.
Don’t assume your old conviction doesn’t matter. This is the single biggest mistake we see. Drivers who completed probation and moved on 15 years ago are being blindsided by enhanced penalties. Under the new law, that old conviction follows you for two full decades.
Can You Expunge a DWI in Minnesota?
One question we get constantly in light of these changes: Can you get a past DWI expunged from your record? Minnesota does allow expungement of some DWI convictions, but there are important limitations. Expungement can seal the criminal court record from public view, but it does not remove the conviction from your driving record maintained by the Department of Public Safety.
That means even with an expungement, your prior DWI could still be counted under the 20-year lookback for administrative purposes. The interplay between expungement law and HF 2130’s lookback provisions is something we’re watching closely — and it’s another reason to consult with an attorney about your specific situation.
The Bottom Line
HF 2130 changed the landscape of DWI defense in Minnesota. Convictions you thought were in your rearview mirror can now resurface with serious consequences. Ignition interlock requirements are longer and stricter. Driving without your required interlock is now a criminal offense. And the administrative penalties for repeat offenders have been significantly expanded.
If you’re facing a DWI charge under Minnesota’s new laws, or if you have questions about how a prior conviction might affect you, the attorneys at Leverson Budke are available 24/7 to discuss your case. We offer free consultations and can help you understand exactly what you’re facing.
Call (651) 829-3572 or schedule a free consultation today.
Frequently Asked Questions About Minnesota’s New DWI Laws
1. When did Minnesota’s new DWI laws take effect?
HF 2130 took effect on August 1, 2025. The law applies to all DWI arrests and convictions on or after that date.
2. What is the new DWI lookback period in Minnesota?
Minnesota now looks back 20 years (previously 10 years) when determining whether a DWI offender has prior convictions for purposes of license revocation and ignition interlock requirements.
3. Does the 20-year lookback apply to criminal charges or just administrative penalties?
The 20-year lookback under HF 2130 primarily affects the administrative side — license revocations, ignition interlock requirements, and plate impoundment. Criminal charging decisions have their own framework under Minn. Stat. § 169A.03.
4. How long do I have to use an ignition interlock device under the new law?
The minimum interlock periods are: 2 years for one prior DWI within 20 years, 6 years for two priors, 10 years for three or more priors, and up to a lifetime for DWI-related fatalities involving multiple prior offenses.
5. What happens if I drive without my ignition interlock device?
Under HF 2130, driving any vehicle without a required interlock device is now a gross misdemeanor in Minnesota, punishable by up to one year in jail and a $3,000 fine.
6. How long is the temporary driving permit after a DWI arrest in Minnesota?
The temporary permit is now valid for 14 days (previously 7 days). You must request an administrative hearing within that 14-day window to challenge your license revocation.
7. Can I start the ignition interlock program before paying the reinstatement fee?
Yes. Under the new law, you can begin the interlock program and drive on a restricted license before paying the full $680 reinstatement fee. However, the fee must be paid in full before you can get an unrestricted license.
8. Does expunging a DWI remove it from the 20-year lookback?
Not necessarily. Expungement can seal the criminal court record, but it does not remove the conviction from your driving record maintained by the Department of Public Safety. Your prior DWI may still count for administrative lookback purposes.
