MN DWI Laws & Penalties Guide

Getting stopped for Driving While Intoxicated (commonly known as DWI) can be a frightening experience. But getting stopped is just the beginning. What follows can be equally daunting. MN DWI laws can be strict and complicated. Will I lose my license? For how long? Will I still be able to drive to work? What will this mistake cost me? Most frightening of all, do Minnesota DWI laws include the possibility of jail time? Is DWI a felony in the State of Minnesota? As Minnesota’s premier criminal defense attorneys we can walk you through this challenging procedure. Here is an overview of Minnesota’s DWI laws.

What do Minnesota’s DWI Laws Prohibit?

Most people, when thinking of Minnesota’s DUI or MN DWI laws, think of driving under the influence of alcohol. In fact, alcohol if often the culprit, with an alcohol concentration in the blood of 0.08 percent or more at the time of the stop or within two hours of the stop resulting in a DWI in most cases. (In the case of the driver of a commercial vehicle the minimum blood alcohol level is halved: 0.04 percent at the time of the stop or within the next two hours.) In addition, a DWI under MN DWI laws can result from impairment from a controlled substance, including schedule I and II substances other than marijuana. In addition, a driver can be charged for failure to submit to a chemical test of blood, breath or urine under Minnesota statutes section 169A.52, or a driver can be charged for failure to submit, pursuant to a warrant, to a chemical test of blood, breath or urine under Minnesota statutes section 169A.51. Under MN DWI laws, the above rules apply not only to automobiles and trucks, but also to motorboats, snowmobiles, and various all-terrain and off-road vehicles. As a final note, while “sleeping it off” may seem like a good idea, under Minnesota DWI laws, you can even be charged with DWI while sleeping in a vehicle. 

Overview of the Consequences of a DWI Under MN DWI Laws

The consequences of a DWI under MN DWI laws vary depending on a number of factors, including whether the DWI was the first one, whether there were past DWI’s and if so how many and how far they were in the past, and other Minnesota DWI aggravating factors  Under Minnesota DWI laws, the consequences of a DWI arrest can result in administrative and criminal sanctions. Under MN DWI laws administrative sanctions take place immediately. First, of all, as we discussed above, if the arrested driver refuses to submit to a chemical test of blood, breath or urine under Minnesota statutes section 169A.52, or refuses to submit, pursuant to a warrant, to a chemical test of blood, breath or urine under Minnesota statutes section 169A.51 his or her license will be revoked immediately. Other civil sanctions include having the driver’s license plate taken and impounded, and even vehicle forfeiture. Because these administrative sanctions are civil in nature, they will take place separate from any criminal proceedings in a subsequent criminal trial.  On the criminal side, a conviction can result in: jail time; probation; fines; mandatory chemical dependency monitoring; and a criminal record. If you’ve watched any police dramas on television, you’ve heard the phrase, “if you cannot afford an attorney one will be appointed for you.” Representation by a public defender is better than representation pro se (meaning representing yourself) but in a high-stakes proceeding under MN DWI laws you need the best. As Minnesota’s DWI premier criminal defense lawyers we will provide you with an initial free consultation and a transparent presentation of what our DWI representation will cost.

Will My License Be Revoked?

As we said earlier, any failure to submit to testing will result in immediate suspension of your license under Minnesota statutes 169A.51 and 169A.52. Otherwise your license can be revoked or cancelled for varying periods. Generally, the length of time depends on the number of Minnesota DWI’s and how far in the past they occurred.

Penalty for Your 1st DWI

For a DWI Minnesota first offense where the driver’s blood alcohol content was under 0.16, his or her license will be revoked for 90 days. For a DWI Minnesota first offense where the driver’s blood alcohol content was under 0.16 and the driver was under 21, his or her license will be revoked for 180 days. For a DWI Minnesota first offense where the driver’s blood alcohol content was 0.16 or higher, his or her license will be revoked for one year. The revocation period for a test refusal under Minnesota statutes 169A.51 and 169A.52 is one year.

Penalty for Your 2nd DWI

For a second DWI in Minnesota the length of the suspension goes up. Where the DWI is the second in ten years or the third DWI offense in Minnesota, regardless of how far apart the incidents were, and where the blood alcohol level was under 0.16 the revocation period is one year. Where it is over 0.16 the revocation period is two years. For a test refusal in this situation, under Minnesota statutes 169A.51 and 169A.52 the revocation is for two years, the same as a DWI Minnesota second offense.

Penalty for Your 3rd DWI

For a third DWI offense in Minnesota or where the DWI is the fourth ever, under Minnesota DWI laws, the license is cancelled and denied for three years if the blood alcohol level was under 0.16. For a third DWI offense in Minnesota or where the DWI is the fourth ever, the license is cancelled and denied for three years; if the blood alcohol level was 0.16 or above the license in cancelled and denied for three years. The cancellation and denial for a test refusal is also three years. 

Penalty for Your 4th DWI

For a fourth DWI in Minnesota within ten years, under Minnesota DWI laws, the driver’s license is cancelled and denied for four years, regardless of whether the blood alcohol content was below 0.16 percent or above 0.16 percent. Likewise, in the case of a test refusal, under MN DWI laws the driver’s license is cancelled and denied for four years as well. 

Penalty for Your 5th DWI

For a fifth DWI in Minnesota, under MN DWI Laws the driver’s license is cancelled and denied for six years, regardless of whether the blood alcohol content was below 0.16 percent or above 0.16 percent. Likewise, in the case of a test refusal, under MN DWI laws the driver’s license is cancelled and denied for six years as well. 

Penalty For Harm or Death During a DWI

Under Minnesota DWI Laws, where in addition to the driving offense, there was harm to another or even death the cancellation period increases substantially and there is no differentiation for blood alcohol levels above or below 0.16 percent. 

1st DWI with Bodily Harm or Death in Minnesota

Where the incident was the driver’s first and the other party suffered bodily harm or substantial bodily harm, under MNDWI Laws, the driver’s license is cancelled for two years. Where the incident was the driver’s first and the other party suffered great bodily harm or death, under MN DWI Laws, the driver’s license is cancelled for six years.

2nd DWI with Bodily Harm or Death in MN

Where the incident was the driver’s second in two years and the other party suffered bodily harm or substantial bodily harm, under Minnesota DWI Laws, the driver’s license is cancelled for four years. Where the incident was the driver’s first and the other party suffered great bodily harm or death, under MNDWI Laws, the driver’s license is cancelled for eight years.

3rd DWI with Bodily Harm or Death in Minnesota

Where the incident was the driver’s third in ten years or the fourth overall and the other party suffered bodily harm or substantial bodily harm, under Minnesota DWI Laws, the driver’s license is cancelled for six years. Where the incident was the driver’s third in ten years or the fourth overall and the other party suffered great bodily harm or death, under MN DWI Laws, the driver’s license is cancelled for ten years. There are some options here and we can help you with them. A driver with an administrative license revocation may appeal to the Department of Public Services or through the courts. If the revocation was based on a refused or failed test, we can file an appeal under the guidelines of Minnesota statutes 169a25.1 or 169a25.2. In addition, some drivers may apply for a limited license or enroll in the Ignition Interlock Device Program. We are experts in this program and have previously posted about how the interlock program works. See [insert link here.] 

What are the Criminal Penalties Possible Under Minnesota DWI Laws?

Is a DWI a Misdemeanor in Minnesota?

The criminal penalties for a DWI conviction vary substantially depending on the severity of the offense and whether there are any aggravating factors. Under MN DWI Laws, the aggravating factors include: a prior impaired driving incident within the past ten years; a blood alcohol content of 0.16 percent or higher at the time of the arrest; and, the presence of a passenger under the age of 16 in the vehicle where the passenger is more than three years younger than the driver. Following are the levels of DWI in Minnesota.

4th Degree DWI

A Fourth Degree DWI under MN DWI Laws is considered a misdemeanor. The Fourth Degree DWI Minnesota statute imposes a jail sentence of up to 90 days. Under the Fourth Degree DWI Minnesota penalty the fine is $1,000. The Fourth Degree misdemeanor is imposed under Minnesota DWI laws where there was no test refusal and none of the aggravating factors listed above.

3rd Degree DWI

A Third Degree DWI under MN DWI Laws is considered a gross misdemeanor. The Third Degree DWI Minnesota statute imposes a jail sentence of up to one year. Under the Third Degree DWI Minnesota penalty the fine is $3,000. The Third Degree misdemeanor is imposed where there was either test refusal or one of the aggravating factors we listed above.

2nd Degree DWI

A Second Degree DWI under MN DWI Laws is also considered a gross misdemeanor. The Second Degree DWI Minnesota statute imposes a jail sentence of up to 90 days. Under the Fourth Degree DWI Minnesota penalty the fine is 3,000. The Second Degree misdemeanor is imposed where there was a test refusal and one of the aggravating factors listed above, or two of the aggravating factors listed above. 

1st Degree DWI

Finally, a First Degree DWI under Minnesota DWI Laws is considered a felony. The First Degree DWI Minnesota statute imposes a jail sentence of up to seven years. Under the First Degree DWI Minnesota penalty the fine is $14,000. The First Degree felony is imposed where the incident was the fourth in ten years or followed a previous felony DWI or criminal vehicular operation conviction.  Under Minnesota’s DWI laws, a driver charged with a First Degree DWI felony or a Second Degree gross misdemeanor is arrested and kept in jail until a court appearance at which point bail will be set. 

Are There Special Rules for a Minor DWI in Minnesota?

Under Minnesota’s DWI laws, drivers who are sixteen or seventeen years old will find themselves in adult criminal court, not juvenile court. In addition, as we explained earlier, drivers under the age of 21 face longer license revocations for first offenses where their blood alcohol level is under 0.16 percent. Further, under Minnesota zero tolerance law the state has a zero-tolerance policy for underage drinking and driving. Under Minnesota DWI law any driver who is convicted of driving a motor vehicle while consuming alcohol or where there is any evidence of alcohol consumption is subject to license suspension and other penalties. Note that “zero-tolerance” means any alcohol in the system, not an amount that would constitute a DWI violation. 

What is the Minnesota PBT Statute?

Under Minnesota DWI Law a Preliminary Breath Test (known as a PBT) is a test to determine the driver’s blood alcohol level and is administered by a police officer when a suspected DWI driver is pulled over. It is important to note that a PBT can be used as the basis for arrest, but cannot be used as evidence in a subsequent criminal trial. By contrast, a SFST “Standard Field Sobriety Test” (“walk a straight line; touch your nose with you finger, eyes closed) can also be used as the basis for an arrest, but the administering officer can describe the results at a criminal trial. This brings up two important considerations that we would address in any criminal proceeding under MN DWI laws: Implied Consent and Probable Cause.

Implied Consent in Minnesota

Simply put, Implied Consent means that anyone who drives a vehicle in Minnesota has effectively consented to submitting to testing for the presence of illegal amounts of alcohol in the bloodstream. But before an officer can require such a test the officer must have “probable cause.” This gets a bit complicated. The officer can stop a driver for behavior that suggests DWI, such as weaving or erratic driving, but could have also stopped the driver for something as simple as a burned out tail light. If the later, the officer needs additional evidence such as the smell of alcohol. At that point the officer may administer a SFST or a PBT. The Minnesota Supreme Court in a 2016 case called State v. Thompson has held that a warrantless breath test is constitutional and the United States Supreme Court reached the same conclusion. But in our defense of you case we will take a very close look at potential Probable Cause violations. 

MN DWI Laws Conclusion

Minnesota DWI laws are complicated. There are many pitfalls, and if you have been arrested for a DWI you need professional help to minimize your costs and even jail time. As Minnesota’s premier criminal defense lawyers we can help. Call us. Initial consultation is free.