Minnesota DWI Penalties by Degree (2026 Update)
Minnesota classifies DWI offenses into four degrees, with first degree being the most serious. The degree of your charge depends on your prior DWI history, your blood alcohol concentration (BAC), and whether aggravating factors were present. Understanding the penalties you face is the first step toward building an effective defense.
Fourth Degree DWI (Misdemeanor)
This is typically a first-time DWI with no aggravating factors.
- Up to 90 days in jail
- Up to $1,000 fine
- License revocation: 90 days (30 days no driving, then restricted license)
- Possible ignition interlock device
- Chemical dependency assessment required
Third Degree DWI (Gross Misdemeanor)
Applies when one aggravating factor is present: prior DWI within 10 years, BAC of 0.16 or higher, or a child under 16 in the vehicle.
- Up to 1 year in jail
- Up to $3,000 fine
- License revocation: 1 year minimum
- License plate impoundment (whiskey plates)
- Vehicle forfeiture possible
- Ignition interlock required for license reinstatement
Second Degree DWI (Gross Misdemeanor)
Two or more aggravating factors present.
- Up to 1 year in jail (mandatory minimum may apply)
- Up to $3,000 fine
- License revocation: 1-2 years
- License plate impoundment
- Vehicle forfeiture
- Intensive supervision or electronic monitoring
First Degree DWI (Felony)
This applies if you have 3 or more prior DWI-related incidents within 10 years, or a prior felony DWI conviction.
- Up to 7 years in prison
- Up to $14,000 fine
- License cancellation (not just revocation)
- Vehicle forfeiture
- Designation as a “repeat DWI offender”
- Long-term probation with strict conditions
Aggravating Factors That Increase DWI Penalties
Minnesota law identifies specific aggravating factors that elevate the degree of a DWI charge:
- A prior DWI within the past 10 years (including out-of-state convictions)
- A BAC of 0.16 or more at the time of testing
- A child under age 16 in the vehicle
- A prior license revocation within the past 10 years
Additional Consequences Beyond Criminal Penalties
A DWI conviction in Minnesota carries consequences far beyond fines and jail time:
- Insurance: SR-22 insurance required for 3-6 years (costs $1,000-$3,000+ annually more)
- Employment: Many employers conduct background checks; a DWI can disqualify you from certain jobs
- Professional licenses: Nurses, teachers, CDL holders, and others may face license review
- Immigration: A DWI can affect visa status or green card applications
- Travel: Canada denies entry to people with DWI convictions
Implied Consent and Test Refusal
Minnesota’s implied consent law means that by driving on Minnesota roads, you have already consented to chemical testing if lawfully arrested for DWI. Refusing a test is a separate crime that carries its own penalties, often more severe than the DWI itself.
Defenses Against DWI Charges
Despite the serious penalties, DWI charges can be fought. Common defenses include:
- Challenging the legality of the traffic stop
- Questioning breath test accuracy and calibration records
- Challenging blood test procedures and chain of custody
- Disputing field sobriety test administration
- Rising BAC defense (your BAC was below 0.08 while driving but rose by the time of testing)
Get Help From an Experienced Minneapolis DWI Lawyer
If you are facing DWI charges in Minnesota, the penalties are serious but the case is not hopeless. Minneapolis DWI attorney Barry Hogen has defended hundreds of DWI cases over 34+ years. Contact us for a free consultation to discuss your defense options.
Related: Field sobriety testing | BWI charges | Vehicle forfeiture | Getting a limited license after DWI
