Minnesota takes impaired driving more seriously than most states. Refusing a breath test is a separate crime. A DWI from 18 years ago can still be used against you today. And you can be convicted of DWI without ever starting your car’s engine.
Whether you’ve just been arrested, you’re trying to understand the charges against you, or you want to know what your prior conviction means under the new laws — this guide covers every aspect of Minnesota DWI law as it stands in 2026.
DWI vs. DUI: What Minnesota Actually Calls It
Minnesota uses the term DWI (Driving While Impaired), not DUI (Driving Under the Influence). Legally, there is no difference — they describe the same offense. Other states use DUI, OWI, or OUI, but Minnesota statute § 169A.20 defines the offense as DWI. You’ll see both terms used interchangeably online, but in a Minnesota courtroom, it’s DWI.
Throughout this guide, we use DWI because that’s the term you’ll see on your charging documents, court papers, and driving record in Minnesota.
What Counts as DWI in Minnesota
Under Minn. Stat. § 169A.20, it’s illegal to drive, operate, or be in physical control of a motor vehicle while:
- Under the influence of alcohol
- Under the influence of a controlled substance (including legal cannabis since 2023)
- Under the influence of any substance the driver knows or should know impairs their ability to drive
- Having a blood alcohol concentration (BAC) of 0.08% or higher
- Having any amount of a Schedule I or II controlled substance (other than cannabis) in the body
That phrase “physical control” is critical. You don’t have to be driving to be charged. Minnesota courts have upheld DWI convictions for people sleeping in a parked car with keys in the console, standing near a running vehicle with keys in the ignition, and even a passenger who grabbed the steering wheel. If you can put the vehicle in motion, you can be charged.
BAC Limits by Driver Type:
| Driver Type | BAC Limit |
| Standard drivers (21+) | 0.08% |
| Commercial drivers (CDL) | 0.04% |
| Drivers under 21 | 0.00% (zero tolerance — any evidence of alcohol consumption) |
The Four Degrees of DWI in Minnesota
Minnesota classifies DWI offenses into four degrees, with first degree being the most serious and fourth degree being the least. The degree is determined by aggravating factors, not just whether it’s your first arrest.
The three aggravating factors under Minnesota law are:
- A prior impaired driving incident within the applicable lookback period (now 20 years for administrative purposes under HF 2130)
- A BAC of 0.16% or higher (twice the legal limit)
- A child under 16 in the vehicle who is more than 3 years younger than the driver
The more aggravating factors present, the higher the degree — and the worse the penalties.
Fourth-Degree DWI — Misdemeanor
A fourth-degree DWI is the entry-level charge. It applies when there are no aggravating factors: no prior DWI within the lookback period, BAC below 0.16%, and no child in the vehicle.
| Fourth-Degree DWI | |
| Classification | Misdemeanor |
| Maximum Jail Time | 90 days |
| Maximum Fine | $1,000 |
| License Revocation | 90 days (30 days if convicted with no prior revocations and BAC under 0.16%) |
| Typical Outcome | Probation, chemical dependency assessment, DWI education, possible limited license |
A fourth-degree charge is what most first-time offenders face. It’s the most common DWI charge in Minnesota. Don’t let the “misdemeanor” label fool you — a conviction still creates a criminal record, triggers insurance increases, and counts as a prior for any future DWI arrest.
Third-Degree DWI — Gross Misdemeanor
A third-degree DWI applies when one aggravating factor is present. Most commonly, this is either a prior DWI within the lookback period OR a BAC of 0.16% or higher.
This is also the charge for test refusal — refusing a breath test under Minnesota’s implied consent law is itself a crime, and it automatically elevates a first-offense DWI from a fourth-degree misdemeanor to a third-degree gross misdemeanor.
| Third-Degree DWI | |
| Classification | Gross Misdemeanor |
| Maximum Jail Time | 1 year |
| Maximum Fine | $3,000 |
| License Revocation | 1 year (2 years if BAC ≥ 0.16% with a prior revocation or conviction) |
| Mandatory Minimums | None for first gross misdemeanor, but chemical dependency assessment and treatment are typically required |
The jump from misdemeanor to gross misdemeanor is significant. Jail sentences become more likely, probation terms are longer and stricter, and your license revocation extends substantially.
Second-Degree DWI — Gross Misdemeanor
A second-degree DWI applies when two aggravating factors are present. For example: a prior DWI within the lookback period AND a BAC of 0.16% or higher.
| Second-Degree DWI | |
| Classification | Gross Misdemeanor |
| Maximum Jail Time | 1 year |
| Maximum Fine | $3,000 |
| License Revocation | 2 years (canceled and denied for 3+ years if third offense in 10 years or fourth ever) |
| Mandatory Minimums | 30 days incarceration for a second offense (at least 48 hours in jail, remainder can be served through community service at 8 hours per day) |
At the second-degree level, mandatory minimum jail time enters the picture. Pretrial release conditions also tighten — the court can order you to abstain from alcohol and submit to electronic monitoring.
First-Degree DWI — Felony
A first-degree DWI applies when three or more aggravating factors are present, OR when the driver has three or more prior qualified impaired driving incidents within 10 years (or four or more in a lifetime).
| First-Degree DWI | |
| Classification | Felony |
| Maximum Prison Time | 7 years |
| Maximum Fine | $14,000 |
| License Revocation | Canceled and denied for 4-6 years; may require lifetime ignition interlock |
| Mandatory Minimums | 180 days incarceration (for those with 3 priors in 10 years); 36 months conditional release |
A felony DWI carries prison time — not county jail, but state prison. It also triggers vehicle forfeiture, plate impoundment, and mandatory long-term treatment. The consequences extend far beyond the criminal case: a felony conviction affects employment, housing, professional licenses, voting rights (while incarcerated), and gun ownership rights.
If you’re charged with first-degree DWI, you are arrested and held in custody until a court appearance where bail is set. There is no cite-and-release for felony DWI.
The Two Separate Cases: Criminal vs. Administrative
One of the most misunderstood aspects of Minnesota DWI law is that every arrest creates two separate legal proceedings that run in parallel:
The Criminal Case is heard in criminal court. This determines guilt or innocence, and imposes criminal penalties: jail, fines, probation, and treatment. The burden of proof is beyond a reasonable doubt.
The Administrative Case (Implied Consent proceeding) is handled by the Department of Public Safety. This determines whether your license revocation is lawful. The burden of proof is only a preponderance of the evidence — much lower than the criminal standard. You must request this hearing within 14 days of your arrest (extended from 7 days under HF 2130).
Here’s the part that surprises people: you can win your criminal case and still lose your license. And you can get your license back through the administrative hearing but still be convicted criminally. The two cases are independent. Both must be fought with equal attention.
Minnesota’s Implied Consent Law
Under Minn. Stat. § 169A.51, every person who drives on Minnesota roads has given implied consent to chemical testing (breath, blood, or urine) if lawfully arrested for DWI. This isn’t optional — it’s a condition of holding a Minnesota driver’s license.
When you’re arrested for DWI, the officer will read you the implied consent advisory, which informs you:
- That Minnesota law requires you to take a chemical test
- That refusal to take a test is a crime
- That you have the right to consult with an attorney before deciding (courts have found 20-30 minutes is a reasonable time to do this)
Refusing the test is itself a crime — a gross misdemeanor carrying up to 1 year in jail and a $3,000 fine. This makes Minnesota one of the strictest states for test refusal. And refusing doesn’t prevent the state from getting your blood — officers can (and routinely do) obtain a search warrant for a blood draw.
Following the U.S. Supreme Court’s decision in Birchfield v. North Dakota (2016), the law draws a distinction between breath tests and blood tests. Refusing a breath test remains a standalone crime because breath tests are considered minimally invasive. Blood draws require a warrant because they’re a more significant intrusion, but officers can obtain warrants quickly, often within 30-60 minutes.
A critical point: refusing a test elevates the degree of your DWI charge. A first-offense refusal is automatically charged as a third-degree gross misdemeanor — not a fourth-degree misdemeanor. Refusing often makes your situation worse, not better.
The 20-Year Lookback Period (2025 HF 2130 Changes)
Prior to August 1, 2025, Minnesota looked back only 10 years when counting prior DWI incidents for administrative purposes. HF 2130 doubled that window to 20 years.
This change has major practical consequences. A DWI conviction from 2007 that would have been outside the old 10-year window now counts as a prior offense in 2026. If you’re arrested for DWI today with a conviction from anywhere in the past two decades, you’ll face enhanced license revocations, mandatory ignition interlock participation, and potentially higher-degree criminal charges.
The law also expanded ignition interlock requirements:
| 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 | 15 years |
| DWI-related fatality + 2+ priors | Lifetime |
For a detailed breakdown of all changes under HF 2130 — including the new interlock rules, installment payment options, and gross misdemeanor penalties for driving without an interlock — read our full guide: Minnesota DWI Law Changes 2025-2026.
License Revocation: Timelines and Options
When you’re arrested for DWI, the officer confiscates your physical license and issues a temporary permit. Under the 2025 law changes, this temporary permit is now valid for 14 days (previously 7 days). You must request an administrative hearing within this window to challenge the revocation — miss the deadline and you lose the right to contest it.
License revocation periods depend on the number of priors and BAC level:
| Situation | Revocation Period |
| First offense, BAC under 0.16%, no prior revocations | 90 days (reduced to 30 days upon conviction) |
| First offense, under 21, BAC under 0.16% | 180 days |
| First offense, BAC 0.16% or higher | 1 year |
| First refusal | 1 year |
| Second offense in 10 years or third ever, BAC under 0.16% | 1 year |
| Second offense, BAC 0.16% or higher, or second refusal | 2 years |
| Third offense in 10 years or fourth ever | Canceled and denied for 3-4 years |
| Third in 10 years or fourth ever with bodily/substantial bodily harm | Canceled for 6 years |
| Third in 10 years or fourth ever with great bodily harm or death | Canceled for 10 years |
During the revocation period, you may be eligible for a limited license that allows you to drive to work, school, substance abuse treatment, or counseling. In most cases, this requires participation in the ignition interlock program and installation of an ignition interlock device (IID) on your vehicle.
Whiskey Plates
Minnesota is one of only two states (along with Ohio) that uses special registration plates — known as “whiskey plates” because they begin with the letter W — to identify vehicles associated with certain DWI offenders.
Whiskey plates are required when any of these conditions apply:
- BAC of 0.16% or higher
- The offense involves a prior DWI within the lookback period
- The driver refused the chemical test
- After vehicle forfeiture
The plates are registered to the vehicle, not the person. This means if you live with someone who has whiskey plates, you drive a vehicle with whiskey plates. Under State v. Henning (2003), police cannot pull you over solely because of whiskey plates — but the visible marker still draws attention.
For more on how whiskey plates work and how long you’ll have them, see our detailed guide: Minnesota Whiskey Plates: Everything You Need to Know.
Vehicle Forfeiture
For more serious DWI offenses — typically a third violation within 10 years or a second with enhancing factors — Minnesota law allows the government to seize and permanently forfeit your vehicle.
The arresting officer can impound the vehicle at the scene. The prosecuting authority then serves notice of intent to forfeit. You have 30 days to challenge the forfeiture. If you don’t, or if the court upholds the forfeiture, the vehicle becomes property of the arresting agency.
There is an “innocent owner” defense: if you can prove you didn’t know the vehicle would be driven by an impaired driver and you took reasonable steps to prevent it, the court must return the vehicle.
Entering the ignition interlock program before the vehicle is actually forfeited can stay the forfeiture proceeding — but timing is critical. Once forfeiture is complete, there’s no reversing it.
Cannabis and DWI in Minnesota
Since Minnesota legalized recreational cannabis in 2023, impaired driving laws have adapted. Under current law, you can be charged with DWI if you drive while under the influence of cannabis — even legally purchased cannabis.
There is no per se THC limit equivalent to the 0.08% BAC threshold for alcohol. Instead, the standard is whether the cannabis impaired your ability to drive. However, if a test detects any amount of a Schedule I or II controlled substance in your body (other than cannabis or its metabolites), that alone can support a DWI charge.
The practical challenge is that THC stays in your system far longer than alcohol — potentially days or weeks after consumption. This means a positive THC test doesn’t necessarily prove you were impaired at the time of driving. This creates both prosecution challenges and defense opportunities that an experienced DWI defense attorney can evaluate.
For more on how cannabis complicates DWI cases, see our guide: Drug-Impaired Driving in Minnesota.
Underage DWI: Zero Tolerance
Minnesota enforces a zero-tolerance policy for drivers under 21. Any evidence of alcohol consumption — not just a BAC above 0.08% — can result in license suspension and criminal penalties.
Drivers aged 16-17 are charged in adult criminal court, not juvenile court. Drivers under 21 face a longer license revocation (180 days vs. 90 days) for a first offense with a BAC under 0.16%.
Common DWI Defense Strategies in Minnesota
Every DWI case has potential vulnerabilities. The question is whether those vulnerabilities are significant enough to change the outcome. Here are the defense strategies that experienced Minnesota DWI attorneys evaluate:
Challenging the traffic stop. Police need reasonable articulable suspicion of a traffic violation or impaired driving to pull you over. If the stop was unlawful, all evidence obtained afterward — including breath test results — can be suppressed. Minnesota does not conduct DWI sobriety checkpoints, so every DWI stop must be individually justified.
Challenging field sobriety tests. The standardized field sobriety tests (walk-and-turn, one-leg stand, horizontal gaze nystagmus) must be administered according to NHTSA protocols. Officers frequently deviate from these protocols — conducting tests on uneven surfaces, in poor lighting, or without proper instructions. These tests are also voluntary — there is no legal penalty for refusing field sobriety tests (as distinct from refusing a chemical test).
Challenging breath test accuracy. Minnesota uses the DataMaster DMT instrument for evidentiary breath testing. These instruments require regular calibration and maintenance by the BCA (Bureau of Criminal Apprehension). Calibration errors have been documented in multiple Minnesota counties. Medical conditions like GERD (gastric reflux), diabetes, and certain medications can also produce falsely elevated readings.
Rising BAC defense. Alcohol takes time to absorb. If you were tested 30-60 minutes after driving, your BAC at the time of testing may have been higher than your BAC at the time of driving. If your actual BAC while driving was below 0.08%, you weren’t breaking the law — even if the later test showed a higher number.
Challenging probable cause for arrest. The officer needs probable cause — not just reasonable suspicion — to arrest you. If the officer lacked probable cause, the arrest is unlawful and the implied consent advisory was improperly administered.
Challenging the implied consent advisory. The officer must properly read the implied consent advisory before requesting a chemical test. Errors or omissions in the advisory can invalidate the test results.
What Happens After a DWI Arrest: Step by Step
If you’ve just been arrested for DWI in Minnesota, here’s the timeline you need to know:
Day 1 (Arrest Day): You’re arrested, booked, and either released with a citation or held for a court appearance (felony DWI). The officer confiscates your license and issues a 14-day temporary permit.
Days 1-14 (Critical Window): You have 14 days to request an administrative hearing with the Department of Public Safety to challenge your license revocation. Contact a DWI attorney immediately — this deadline is strict and cannot be extended.
First Court Appearance (Arraignment): Typically within 36 hours if you’re held in custody, or scheduled within a few weeks if you were released. You enter a plea (almost always “not guilty” at this stage). The court may set conditions of release: no alcohol, random testing, etc.
Pretrial Proceedings: Your attorney reviews police reports, body camera footage, breath test records, and calibration logs. This is where defense strategies are identified and pretrial motions are filed.
Implied Consent Hearing: The civil hearing on your license revocation is scheduled separately. The issues are narrow: was the stop lawful, was the arrest lawful, was the implied consent advisory properly given, and did the test show impairment?
Resolution: Most DWI cases resolve through negotiation, not trial. Outcomes range from dismissal to reduced charges to conviction with negotiated sentencing. Some cases do go to trial, particularly when there are strong defense arguments.
Sentencing: If convicted, the court imposes penalties based on the degree of the offense. Probation is common for misdemeanor and gross misdemeanor DWIs. Felony DWI can result in prison time.
The Real Cost of a Minnesota DWI
The fines imposed by the court are just the beginning. A first-offense DWI in Minnesota typically costs $10,000-$25,000 when you factor in everything:
- Court fines: $1,000-$14,000
- Defense attorney fees: $2,500-$10,000+
- Chemical dependency assessment: $200-$400
- DWI education or treatment: $500-$3,000
- License reinstatement fee: $680
- Ignition interlock device: $100-$200 installation + $75-$100/month
- Increased car insurance (SR-22): $1,000-$3,000+ per year for 3-6 years
- Lost wages from court dates, treatment, community service
And those are just the financial costs. A DWI conviction can affect your employment (especially if you hold a CDL), your ability to travel to Canada (which treats all DWIs as serious criminal offenses), your professional licenses, and your personal relationships.
Can You Expunge a DWI in Minnesota?
Minnesota allows expungement of some DWI convictions, but with important limitations. Expungement seals the criminal court record from public view — meaning employers, landlords, and background check services can’t see it.
However, expungement does not remove the conviction from your driving record maintained by the Department of Public Safety. Under the new 20-year lookback, this means an expunged DWI can still count as a prior offense for administrative purposes if you’re arrested again.
Waiting periods for expungement eligibility: 2 years after discharge for misdemeanors, 4 years for gross misdemeanors. Felony DWI expungement is more restrictive and evaluated case-by-case.
Talk to a Minnesota DWI Lawyer
Minnesota DWI law is more complex than most people realize — especially after the 2025 law changes. The interaction between the criminal case and the administrative case, the nuances of implied consent, and the expanded lookback period all create both risks and opportunities that require experienced legal guidance.
At Leverson Budke, we’ve defended hundreds of DWI cases across the Twin Cities metro area. We understand how to identify weaknesses in the state’s case and how to protect both your freedom and your driving privileges.
Call (651) 829-3572 or schedule a free consultation today. Available 24/7.
Frequently Asked Questions About Minnesota DWI Laws
1. What is the legal BAC limit in Minnesota?
The legal limit is 0.08% for drivers 21 and older, 0.04% for commercial drivers, and effectively 0.00% for drivers under 21 (zero tolerance for any alcohol consumption).
2. Is DWI and DUI the same thing in Minnesota?
Yes. Minnesota uses the term DWI (Driving While Impaired) rather than DUI, but they describe the same offense. If you see either term, it refers to the same Minnesota statute — § 169A.20.
3. Can I get a DWI without driving in Minnesota?
Yes. Minnesota law covers driving, operating, or being in “physical control” of a motor vehicle. Courts have upheld DWI convictions for people sleeping in a parked car with access to keys, standing near a running vehicle, and other situations where the person could put the vehicle in motion.
4. Is refusing a breath test a crime in Minnesota?
Yes. Under the implied consent law (§ 169A.51), refusing a chemical test after a lawful DWI arrest is a separate gross misdemeanor crime, punishable by up to 1 year in jail and a $3,000 fine. Refusal also elevates the degree of your DWI charge and triggers longer license revocation.
5. How many DWIs is a felony in Minnesota?
A DWI becomes a first-degree felony when three or more aggravating factors are present, or when the driver has three or more prior impaired driving incidents within 10 years (or four or more in their lifetime). The maximum penalty is 7 years in prison and a $14,000 fine.
6. What is the new lookback period for DWI in Minnesota?
As of August 1, 2025, Minnesota uses a 20-year lookback period (up from 10 years) for administrative purposes including license revocation and ignition interlock requirements. A DWI conviction from 2007 now counts as a prior offense in 2026.
7. Does Minnesota use DWI sobriety checkpoints?
No. Minnesota does not conduct sobriety checkpoints. While not explicitly ruled unconstitutional, the state has chosen not to use them. Every DWI stop must be based on individualized reasonable suspicion.
8. Can I get my DWI expunged in Minnesota?
Misdemeanor and gross misdemeanor DWIs may be eligible for expungement after a waiting period (2 years for misdemeanors, 4 years for gross misdemeanors). However, expungement seals the criminal court record only, it does not remove the conviction from your DPS driving record, meaning it can still be counted under the 20-year lookback.
9. How long do I have to request a license hearing after a DWI arrest?
You have 14 days from the date of arrest to request an administrative hearing to challenge your license revocation. Missing this deadline means the revocation takes effect on day 15 with no opportunity to contest it.
10. Can I drive after a DWI arrest in Minnesota?
Yes, for the first 14 days, you receive a temporary permit at the time of arrest. After that, your driving privileges depend on whether you requested an administrative hearing, whether you enter the ignition interlock program, and whether you qualify for a limited license.
