Fourth-Degree DWI in Minnesota: First-Offense Misdemeanor Guide
A fourth-degree DWI is the least serious impaired driving charge in Minnesota — but “least serious” doesn’t mean harmless. It’s still a criminal offense that creates a permanent record, triggers a license revocation, increases your insurance for years, and now counts as a prior for a full two decades under the new lookback rules.
Fourth-degree DWI is the charge that most first-time offenders face. If you were arrested for DWI with no aggravating factors — no prior offenses, BAC below 0.16%, no child in the car, and no test refusal — this is your charge. Here’s what you’re dealing with and why it’s still worth fighting.
Fourth-Degree DWI IS A MISDEMEANOR
Up to
90
DAYS JAIL
Up to
$1,000
FINE
NO MANDATORY
MINIMUM JAIL
FIRST-OFFENSE
IN MOST CASES
The least serious DWI charge – but still a criminal conviction with long-term consequences. Avoid the 20-year shadow.
- 24/7 Availability
- 14-Day Hearing Deadline
- Experienced Felony DWI Defense
- Twin Cities Metro Defense
GROSS MISDEMEANOR
Up to 90 days jail and $1,000 fine
NO AGGRAVATING FACTORS
No prior, BAC < 0.16%, no child, no refusal
MANDATORY MINIMUMS
Court has full discretion over jail time
LICENSE REVOCATION
30-90 days (reduced to 30 days often)
LIMITED LICENSE
Drive to work, school, treatment & counseling in most cases
DEFENSE MATTERS
Fight it now to avoid the 20-year consequences
What Makes a DWI Fourth-Degree in Minnesota
Under Minn. Stat. § 169A.27, a DWI is classified as fourth-degree when no aggravating factors are present. It’s the default charge — the classification that applies when none of the conditions that trigger a higher degree exist.
This means all of the following must be true:
No prior qualified impaired driving incident within 10 years
BAC below 0.16%
No child under 16 in the vehicle (who is more than 3 years younger than the driver)
If any one of those conditions changes — the BAC was 0.16% or higher, there's a prior on your record, you refused the test — the charge jumps one step above to gross misdemeanor. Fourth-degree is the narrow window where none of those factors apply.
Criminal Penalties for Fourth-Degree DWI
Maximum Penalties
Mandatory Minimum Jail Time
Classification
Misdemeanor
Maximum Jail Time
90 days
Maximum Fine
$1,000
Probation
Up to 2 years
License Revocation
30-90 days
Mandatory Minimum Jail
None
The absence of mandatory minimum jail time is the most significant difference between fourth-degree and every other degree. The court has full discretion over whether to impose any jail at all.
What Actually Happens in Most Cases
For a first-time fourth-degree DWI with no complicating factors, the typical outcome is:
- Probation for 1-2 years
- Fines of $300-$500 plus surcharges (total out-of-pocket typically $500-$900)
- Chemical dependency assessment ($200-$400) — mandatory
- DWI education class or treatment as recommended by the assessment
- No jail time in most cases (though the court retains the option)
- License revocation of 90 days (often reduced to 30 days upon conviction for first-time offenders with BAC below 0.16% and no prior revocations)
- No whiskey plates — plate impoundment does not apply to fourth-degree DWI without aggravating factors
In some jurisdictions, defense attorneys may pursue an amended plea to careless driving or another negotiated resolution. These outcomes are discretionary and depend on the facts of the case, the BAC level, the strength of the evidence, local prosecutor policies, and the defendant’s record. A careless-driving resolution avoids a DWI conviction, but it is not available in every case and may still result in a misdemeanor traffic conviction.
A more favorable resolution that experienced defense attorneys pursue is a plea to careless driving, which avoids a DWI conviction entirely. This is possible in some jurisdictions, depending on the specific facts, your BAC level, and the prosecutor.
Administrative Penalties (License Revocation)
Your license revocation runs parallel to the criminal case and is handled by the Department of Public Safety:
Situation
Revocation Period
First offense, BAC under 0.16%, no prior revocations
90 days (reduced to 30 days upon conviction)
First offense, driver under 21, BAC under 0.16%
180 days
During the revocation period, you may be eligible for a limited license, often called a work permit, that allows you to drive for limited purposes such as work, school, treatment, or counseling. In many cases, you may also be eligible for Minnesota’s ignition interlock program, which can restore broader driving privileges sooner, although you may only drive vehicles equipped with an approved ignition interlock device.
The 14-day period refers to the temporary license issued after the notice of revocation, not the deadline to challenge the revocation. To challenge an implied-consent license revocation in court, you generally must file a petition for judicial review within 60 days after receiving the notice and order of revocation. Filing the petition does not automatically stop the revocation from taking effect.
Why You Should Still Fight a Fourth-Degree DWI
Many first-time offenders assume a misdemeanor isn’t worth fighting. They think: “Just pay the fine, do the class, move on.” This is a mistake — and here’s why:
The 20-Year Shadow
Under HF 2130, a DWI conviction now counts as a prior offense for administrative purposes for 20 years. If you're convicted today at age 28, that conviction follows you until age 48. A second DWI arrest at age 40 — twelve years from now — triggers enhanced penalties, mandatory interlock, and potentially a gross misdemeanor charge because your first conviction is still within the lookback window.
A careless driving plea today eliminates this 20-year tail entirely
The Criminal Record
A fourth-degree DWI is a misdemeanor, but it's still a criminal conviction. It appears on background checks. Employers see it. Landlords see it. Professional licensing boards see it. For nurses, teachers, CDL holders, pilots, and law enforcement officers, even a misdemeanor DWI can trigger professional consequences.
Insurance Consequences
Your auto insurance carrier will classify you as a high-risk driver after a DWI conviction. Rate increases of 88% to 300% are common. You'll also need SR-22 insurance (a certificate of financial responsibility) for 3-6 years. Over that period, the insurance premium increase alone can cost $5,000-$15,000 — far more than the court fines.
A reduced charge (careless driving) may still affect your insurance, but typically less severely and for a shorter period than a DWI conviction.
Travel Restrictions
Canada treats all DWI convictions — including misdemeanors — as serious criminal offenses. A fourth-degree DWI conviction can result in denial of entry at the Canadian border for up to 10 years. If you travel to Canada for business or leisure, this matters.
Future Expungement
If you do end up with a misdemeanor DWI conviction, expungement may be available after a 2-year waiting period. But expungement only seals the criminal court record — it doesn't remove the conviction from your DPS driving record, meaning it still counts under the 20-year administrative lookback.
Avoiding the conviction in the first place is always better than trying to clean it up later. Still, if you need to expunge, an
expungement lawyer
can help you in that case.
Defense Strategies for Fourth-Degree DWI
All of the standard DWI defense strategies apply to fourth-degree cases. In fact, fourth-degree cases are often easier to defend than higher-degree charges because the facts are typically less severe — lower BAC, no priors, no aggravating circumstances. This means:
Challenging the traffic stop is often the most effective approach. If the officer lacked reasonable articulable suspicion, everything that followed — field sobriety tests, breath test, statements — is suppressible.
Challenging the breath test can result in a dismissal or reduction. With a BAC in the 0.08%-0.15% range (the fourth-degree window), even small inaccuracies in the DataMaster can mean the difference between over and under the legal limit.
Rising BAC is particularly strong in fourth-degree cases because the BAC is typically closer to the 0.08% threshold. A BAC of 0.10% at the station 45 minutes after driving may have been 0.07% behind the wheel.
Negotiation is often the most practical path. Many prosecutors will consider reducing a fourth-degree DWI to careless driving for first-time offenders with BACs in the lower range (0.08%-0.12%), clean records, and cooperative behavior during the arrest . An experienced attorney who knows the local prosecutors and their policies can evaluate whether this is realistic in your jurisdiction.
The Total Cost of a Fourth-Degree DWI
Even the “mildest” DWI charge in Minnesota is expensive when you add everything up:
Expense
Typical Range
Attorney fees
$2,500 – $5,000
Court fines and surcharges
$500 – $1,000
Chemical dependency assessment
$200 – $400
DWI education/treatment
$300 – $1,500
License reinstatement fee
$680
Increased car insurance (3-6 years)
$5,000 – $15,000
Impound/towing fees
$200 – $500
Total estimated cost
$9,000 – $24,000
This is why fighting the charge — even when it feels like “just a misdemeanor” — almost always makes financial sense. A reduction to careless driving can save thousands in insurance costs alone.
Talk to a DWI Attorney
A fourth-degree DWI is the most defensible DWI charge in Minnesota. The BAC is lower, the facts are typically less severe, and prosecutors are more willing to negotiate. But those advantages only matter if you have an attorney who knows how to use them.
At Leverson Budke, we’ve defended hundreds of first-offense DWI cases across the Twin Cities. We know which prosecutors will consider reductions, we know how to challenge borderline BAC results, and we understand that even a misdemeanor conviction carries consequences that last for decades under the new laws.
Frequently Asked Questions About Fourth-Degree DWI in Minnesota
What is fourth-degree DWI in Minnesota?
Fourth-degree DWI is a misdemeanor under Minn. Stat. § 169A.27. It applies when no aggravating factors are present: no prior DWI within 10 years, BAC below 0.16%, no child under 16 in the vehicle, and no test refusal. It is the least serious DWI charge in Minnesota.
Will I go to jail for a fourth-degree DWI?
Most first-time offenders do not serve jail time for fourth-degree DWI. The maximum is 90 days, but there is no mandatory minimum. Typical outcomes include probation, fines, treatment, and a chemical dependency assessment.
How long will my license be revoked for a first-offense DWI?
The initial revocation is 90 days, often reduced to 30 days upon conviction for first-time offenders with a BAC below 0.16% and no prior revocations. You may be eligible for a limited license or the ignition interlock program during the revocation period.
Can a fourth-degree DWI be reduced to careless driving?
In some jurisdictions, yes. Prosecutors may agree to reduce a first-offense DWI to careless driving for defendants with low BACs, clean records, and cooperative behavior. This avoids a DWI conviction entirely. An experienced attorney can evaluate whether this is realistic in your case.
How long does a fourth-degree DWI stay on my record?
A DWI conviction remains on your criminal record permanently unless expunged. Under the
2025 HF 2130 changes, the conviction counts as a prior for administrative purposes (license revocation and interlock) for 20 years.
Is it worth hiring a lawyer for a first-offense DWI?
Yes. Even a fourth-degree DWI creates a criminal record, triggers insurance increases of 88-300%, counts as a prior for 20 years, and can affect employment, housing, and international travel. The cost of an attorney is almost always less than the long-term cost of an uncontested conviction.