Minnesota DWI Laws and Penalties

Minnesota DWI laws are almost same as DWI laws in other states. Here also, these cases are handled at two levels-criminal court where different penalties for drunk driving are sought and at the Department of Public Safety which takes care of the penalties pertaining to the driving privileges of a driver. There is one difference in the laws of DWI in Minnesota from the rest of the states. In Minnesota, if a driver is held by a police officer for violation of state DWI law, he or she can wait for an attorney before submitting to a chemical test.

For all details of Minnesota DWI laws you need to go to www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf.

According to Minnesota DWI laws, a driver is charged with a DWI offense under four circumstances. First, if he or she is found driving or controlling a motor vehicle within the state limits under the influence of alcohol or other hazardous substances or both. Second, if the Blood Alcohol Content or BAC is found to be 0.08% or more after two hours of driving or at the time of arrest. Third, if traces of Schedule I or II drugs like cocaine is obtained apart from marijuana, and fourth, in case the car is a commercial vehicle and the BAC is 0.04%, then the driver is charged for violating DWI laws of Minnesota. Though DWI or DUI laws are getting stricter all over the country, Minnesota has especially stringent laws. According to Minnesota Statutes, Section 169 A.52 which is implied consent law, refusing to take the chemical test once you are held for drunk driving is also considered a criminal offense.

Four Tiers of Penalties

Minnesota’s DWI laws have tiered criminal penalties that are incurred upon conviction into four levels in ascending order of severity. The first level is Fourth Degree DWI which is a misdemeanor offense. Maximum limit of punishment is up to three months in jail, and a fine of $1000 and is applicable for the first time offender without refusal for chemical test.

Third Degree DWI is considered a gross misdemeanor, which is punishable by maximum of one entire year in jail along with a monetary fine of $3000. This is applicable for the second time offenders within ten years. This also applies for the first time offenders who refuse to take chemical test or some aggravating factors.

Second Degree DWI is a gross demeanor. Drivers held for third instance of impaired driving in ten years, second time offenders who have refused for chemical test and any aggravating factor and the first time offender with two factors considered aggravated. Period to be spent in jail and fine is same as Third Degree DWI.

The First Degree DWI is considered a felony offense. The convict can be incarcerated for up to seven years with a huge fine amount of $14,000. This is applicable for fourth time violators of Minnesota DWI in last ten years. There is no time limit if it is the second felony DWI.


Aggravating factors mentioned here include prior history of driving rules violation resulting into loss of licenses, BAC percentage 0.20 except for First Degree DWI and having any child below 16 in the car or co-passenger three years younger than the convict driver.

Other Penalties

Apart from the criminal proceedings undertaken by criminal court, there are certain administrative sanctions as well. There are three such sanctions that commence following the legal arrest. First step taken by the administration is license revocation. In legal terminology it is known as Administrative License Revocation. If the held driver refuses to take a test or fails, his or her Minnesota Driver License is immediately withdrawn. It takes seven days to implement this withdrawal and for these seven days, a temporary license is issued.

The period of this suspension varies according to the different levels of DWI- three months suspension for clear driving history for last ten years, which can be reduced to one month if this is the first offense of the driver, six months suspension for under-21 drivers, and six months if the driver has violated the rule once in last ten years. The period gets doubled if the BAC of the driver is more than .20% or if had under-16 passenger in the car. The suspension term can be a full one year if the driver had refused to take the chemical test and it can be terminated for indefinite period if there has been a record of three or more same offenses within a gap of ten years.

According to the administrative laws, the license plate of the vehicle is impounded if the offense accompanies any aggravating factors. Impoundment is done not only to the license plate of the car involved in the offense, but also any vehicle registered or owned by the violator. This order is issued immediately after the arrest. The vehicle is seized on the spot. A temporary permit for the vehicle is issued by the officer for seven days. If the violator does not own the car, the vehicle permit is issued for forty-five days.

Another administrative step taken as per the Minnesota DWI laws in this direction is the forfeiture of the vehicle. If the offense is the third one in ten years, offender is found guilty and thus convicted, did not appear for the hearing, if the revocation is reviewed or the driver did not seek administrative review of license revocation periodically.

In order to reinstate your driving license, you will have to appear for driving license test meant for DWI or DUI. Upon passing, pay the reinstatement fee which is $680. You will be required to reapply for the license with an additional reapplication fee of $18.50. There are some more requirements to fulfill, such as attending programs related to alcohol impairing driving ability, alcohol treatment etc. After successful completion of all these procedures, Minnesota DWI laws may grant your plea for reinstatement of license.

While the authorities assess that your license can be reinstated or not, you are eligible for a restricted driver license. This is essentially to transport you to work and home. Some other circumstances where the restricted permit is applicable are AA meetings, appointments with doctors, attending an alcohol program and dropping or picking up a child from school. But you are given this license only when an evaluator interviews you and gives consent.