Here’s what you need to know:
There are four degrees of DUI/DWI offenses, ranging from fourth-degree offenses, which are misdemeanors, up to first-degree offenses, which are felonies. Each degree carries increasing criminal penalties.
Minnesota also imposes additional administrative/civil consequences, including license revocations, ignition interlock requirements, license plate impoundment and vehicle forfeiture.
Finally, there are the collateral consequences like increased car insurance rates, immigration problems, professional license consequences, employment consequences, chemical dependency treatment/education, and more.
Levels of DUI/DWI in Minnesota
Fourth-degree DWI
A fourth-degree DWI is the lowest level offense in Minnesota. It is a misdemeanor. If you meet the following criteria, you will likely be charged with a fourth-degree DWI:
- First-time offender
- No aggravating factors
- Blood alcohol concentration (BAC) under 0.16.
Penalties may include:
- Up to 90 days in jail
- Fines up to $1,000
- License revocation: Minimum of 90 days (or 30 days if convicted).
Third-degree DWI
A third-degree DWI is a gross misdemeanor in Minnesota. You will likely be charged with a third-degree DWI if there is one aggravating factor, such as:
- A prior DWI within ten years
- A BAC of 0.16 or higher
- Having a child under 16 in the vehicle
Penalties may include:
- Up to 364 days in jail, with a 30-day minimum if this is your second DWI in 10 years
- Fines up to $3,000
- License revocation: At least 180 days (or 1 year for high BAC or test refusal).
- Ignition interlock device requirement.
Second-degree DWI
A second-degree DWI is also a gross misdemeanor in Minnesota. You will likely be charged with a second-degree DWI if there are two more aggravating factors present.
This might mean you have multiple prior DWIs, or you have both a high BAC and a child present in the car.
Penalties may include:
- Up to 364 days in jail, with a 90-day minimum if this is your third DWI in 10 years
- Fines up to $3,000
- License revocation: Minimum 1 year or longer for test refusal.
- Vehicle forfeiture: The state can seize the offender’s vehicle.
- Mandatory ignition interlock device program.
First-degree DWI
A first-degree DWI is the highest tier of DWI offenses in Minnesota. It is a felony, and you will likely be charged with a first-degree DWI if you meet the following criteria:
- Three or more prior DWI offenses within 10 years
- Prior felony DWI
- Prior vehicular homicide or felony vehicular operation conviction
Penalties may include:
- Up to 7 years in prison, with a minimum of 3 years
- Fines up to $14,000
- License cancellation: Must enroll in the ignition interlock program for reinstatement.
- Vehicle forfeiture.
- Conditional release after prison, with strict conditions such as sobriety monitoring.
How long will my license be revoked for a DWI in Minnesota?
You will lose your driver’s license if you are convicted of a DWI in Minnesota. This includes being disqualified from holding a commercial driver’s licenses (Class A, B, and C licenses), even if the offense was not committed in a commercial vehicle. Even if this is your first DWI, your license will still be revoked.
The length of time your license will be revoked varies depending on your history of prior offenses and how high your BAC was at the time of testing (or if you refused to test).
DUI vs. DWI: What’s the difference?
In Minnesota, the terms "DUI" and "DWI" mean the same thing. They both refer to the same offense: the act of driving or controlling a motor vehicle “while under the influence” of “while impaired by” alcohol, a controlled substance, or an intoxicating substance.
This means operating a motor vehicle while under the influence of drugs or alcohol, with a blood alcohol concentration (BAC) of .08 or higher (.04 for drivers of commercial vehicles) or with any amount of a Schedule I or Schedule II controlled substance other than marijuana.
Types of motor vehicles under DWI law
Minnesota DWI law applies to more than just passenger vehicles. It also applies to:
- Commercial vehicles — trucks or vehicles requiring a commercial driver’s license (CDL). The law also enforces a stricter BAC limit of 0.04 for drivers of these vehicles.
- Motorcycles — Operating a motorcycle while impaired is treated the same as a car DWI.
- Off-road vehicles — Operating ATVs, snowmobiles, dirt bikes, and similar vehicles while under the influence can lead to a DWI and driver’s license action, even when operating these vehicles on private property.
- Boats and watercraft — Operating motorboats, jet skis, and sailboats with motors while intoxicated is known as BWI (Boating While Intoxicated), and it falls under the same statutes as DWI, and also carries driver’s license consequences.
- Farm equipment (in limited cases) — Farm vehicles are generally exempt from DWI laws if used exclusively for agricultural purposes on private property. However, if operated on public roads, they are subject to DWI laws.
- Electric scooters and e-bikes — Electric scooters and bicycles with motors can lead to DWI charges if operated while impaired.
A DWI charge also applies regardless of whether the vehicle is on a public road, private property, or off-road in most cases. For example, you could be charged for operating a snowmobile or ATV while intoxicated even on a trail or on your own private land.
Phases of detection
In Minnesota, sobriety checkpoints are illegal. Instead, law enforcement officers follow a systematic approach to detect and assess impaired driving, often referred to as the three DWI phases of detection. These phases are designed to help officers identify and gather evidence of impaired driving.
Here’s a breakdown:
1. Vehicle in motion
This phase involves the officer’s initial observation of the vehicle in motion, where they look for signs that the driver may be impaired. Key indicators include:
- Erratic driving behavior: Swerving, weaving, drifting in and out of lanes, or driving too slowly.
- Traffic violations: Speeding, failing to signal, running stop signs, or other unsafe driving.
- Vehicle operation: Unusual patterns, such as stopping abruptly or driving without headlights at night.
The officer may initiate a traffic stop if they observe any of these signs, suspecting impairment.
2. Personal contact
Once the vehicle is stopped, the officer makes contact with the driver. They assess the driver's behavior, appearance, and speech to look for further signs of impairment. Indicators can include:
- Physical appearance: Bloodshot or watery eyes, slurred speech, unsteady gait, or a strong odor of alcohol or drugs.
- Behavior: Difficulty following instructions, fumbling for documents, or exhibiting nervous or aggressive behavior.
- Coordination: Struggling to move or stand still, or difficulty with simple tasks like opening a window.
The officer will typically order the driver to step out of the vehicle to perform field sobriety tests if there’s enough suspicion of impairment.
3. Pre-arrest screening
In this phase, the officer conducts standardized field sobriety tests (SFSTs) and may administer a preliminary breath test (PBT) to assess the level of impairment. Key steps include:
Field Sobriety Tests:
- Horizontal Gaze Nystagmus (HGN): Checking eye movements to detect impairment.
- Walk-and-Turn Test: Testing the driver’s ability to walk in a straight line and follow instructions.
- One-Leg Stand Test: Assessing balance and coordination.
Preliminary Breath Test (PBT): A portable device used to estimate the driver’s BAC. It helps confirm or rule out impairment, but a more accurate breath test is given later at the station if arrested.
If the officer believes the driver is impaired based on these tests and signs, an arrest for DWI is made.
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It is important for drivers to understand before these types of encounters with police that they are under no legal obligation to participate in the police investigation. These are all searches for evidence of potential criminal behavior, so they require either the driver’s consent or a search warrant. Unless you are certain that you will test well under the legal limit, we strongly recommend that drivers decline to participate in any field testing, including the PBT.
Officers may also have cause for a blood or urine test if drug impairment is suspected, or if alcohol consumption is not evident. If that is the case, the officer will be required to obtain a search warrant from a judge before the sample can be taken. It is a crime to refuse to submit to a blood or urine test once an officer obtains a warrant in Minnesota.
Don’t allow a DWI arrest to derail your life. Minnesota has the most complicated impaired driving laws in the country. And just as you are required to follow the law, so is the officer. There are many opportunities for officers to make mistakes when they are investigating a DWI and almost every one of those mistakes can be used to leverage the outcome in your case. Make sure you hire an experienced defense attorney who will actually fight for your best interests, not just hold your hand while you plead guilty.
