Criminal Penalties for Minnesota DUI

Criminal penalties upon conviction for Minnesota DWI are tiered, as follows:

  • Fourth-Degree DWI – misdemeanor, punishable by up to 90 days of jail and a $1,000 fine for the person’s first impaired driving violation within ten years without test refusal or any aggravating factors
  • Third-Degree DWI – a gross misdemeanor, punishable by up to one year of jail and a $3,000 fine for the person’s second impaired driving violation within ten years or first such violation with test refusal or another aggravating factor.
  • Second-Degree DWI – also a gross misdemeanor for the person’s third impaired driving violation within ten years or second such violation with test refusal or one other aggravating factor, or first such violation with two aggravating factors.
  • First-Degree DWI – felony, punishable by up to seven years’ imprisonment and a $14,000 fine for the person’s fourth impaired driving violation within ten years or anytime following a previous felony DWI or criminal vehicular operation conviction; other aggravating factors are not considered.

Aggravating Factors for Minnesota DWI

This includes:

  • qualified prior impaired driving incident within the preceding ten years;
  • an alcohol concentration of .20 or more upon arrest, but not for first-degree DWI;
  • the presence of a child under age 16 in the vehicle, if more than 36 months younger than the offender, but not for first-degree DWI.

UPDATE - AS OF JULY 1, 2011

Minnesota Legislature has passed new laws defining what is considered an "Aggravating Factor". The new standard for an "aggravated" DWI has lowered the necessary alcohol concentration from 0.20 percent to 0.16. This will mean that even if you are a first time offender for a DWI/DUI, and have a BAC of .16 or over, this will be considered an aggravating factor triggering additional administrative penalties.

Qualified Prior Impaired Driving Incident

This includes both:

  • prior impaired driving convictions; and
  • prior impaired driving-related losses of license (implied consent revocations) or operating privileges for separate driving incidents within the preceding ten years involving any kind of motor vehicle, including passenger motor vehicle, school bus or Head Start bus, commercial motor vehicle, airplane, snowmobile, all terrain vehicle, off-road recreational vehicle, or motorboat in operation.

Representing Clients Across the Twin Cities Metro Area

We aggressively assist clients throughout Minnesota with criminal defense, including Hennepin County, Anoka County, Ramsey County, Dakota County, Goodhue County, Rice County, Scott County, Sherburne County, Wright County, Washington County, Minneapolis, St. Paul, Anoka, Apple Valley, Blaine, Bloomington, Brooklyn Park, Brooklyn Center, Burnsville, Chanhassen, Chaska, Cottage Grove, Crystal, Eagan, Edina, Eden Prairie, Fridley, Farmington, Golden Valley, Hastings, Hopkins, Inver Grove Heights, Lakeville, Maplewood, Maple Grove, Mendota Heights, Minnetonka, Mound, Moundsview, Oakdale, Plymouth, Prior Lake, Richfield, Rosemount, Roseville, Savage, Shakopee, Shoreview, Shorewood, St. Louis Park, Stillwater, Vadnais Heights, Wayzata, West St. Paul, White Bear Lake, Woodbury.