Driving while intoxicated in Minnesota carries some of the harshest penalties in the state’s criminal code.
A single charge can revoke your license, cost thousands of dollars, and leave you facing jail time. Repeat offenses or aggravating factors can raise those penalties to the felony level.
The state of Minnesota DWI laws outline when drivers can be charged, how offenses are classified, and the consequences that follow. Knowing what these laws are and how they apply to your situation is critical if you’ve been arrested for DWI.
Charged with DWI in Minnesota? Meshbesher & Spence has defended people across the state for over 60 years.
Call (612) 339-9121 or contact us online to speak with a Minnesota DWI defense lawyer in a free consultation.
What Constitutes DWI in Minnesota?
The state of Minnesota DWI laws define the offense broadly. A driver can be charged if they operate or are in physical control of a vehicle while impaired by alcohol, drugs, or any combination that affects safe driving. Common grounds for charges include:
- A blood alcohol concentration (BAC) of 0.08% or higher;
- A BAC of 0.04% or higher while driving a commercial vehicle;
- Any detectable alcohol if the driver is under 21;
- The presence of controlled substances in the body; or
- Refusal to submit to a breath, blood, or urine test after a lawful request.
Minnesota enforces an implied consent rule, meaning that anyone who drives in the state agrees in advance to chemical testing if suspected of DWI.
Refusing a test can result in its own set of penalties, including license suspension, regardless of whether a DWI conviction follows.
The Four Levels of DWI Charges in Minnesota
DWI charges in Minnesota range from misdemeanors to felonies. The level depends on the driver’s history and any circumstances that increase the seriousness of the offense. The state looks back ten years when evaluating prior incidents.
Fourth Degree DWI (Misdemeanor)
- First offense with no aggravating factors
- Penalties: Up to 90 days in jail and fines up to $1,000
Third Degree DWI (Gross Misdemeanor)
- First offense with one aggravating factor
- Second offense within ten years
- Penalties: Up to one year in jail and fines up to $3,000
Second Degree DWI (Gross Misdemeanor)
- First offense with two or more aggravating factors
- Second offense with one aggravating factor
- Third offense within ten years
- Penalties: Up to one year in jail and fines up to $3,000
First Degree DWI (Felony)
- Four or more DWI incidents within ten years
- Any prior felony DWI conviction
- Penalties: Up to seven years in prison and fines up to $14,000
These levels show how fast penalties escalate. Even a first-time offense can lead to jail time, and repeat incidents risk felony charges.
What Are Aggravating Factors Under Minnesota Law?
Minnesota law recognizes certain conditions that increase the severity of a DWI charge. These factors move an offense into a higher degree with harsher penalties:
- A BAC of 0.16% or greater,
- A prior DWI conviction or license revocation within the past ten years,
- Having a passenger under age 16 in the vehicle, or
- Refusing to submit to chemical testing.
When these conditions apply, charges rise from a misdemeanor to a gross misdemeanor or even a felony. This can result in longer jail terms, higher fines, and extended license suspension.
How a DWI Affects the Right to Drive
A Minnesota DWI arrest sets two different processes in motion: one through the Department of Public Safety and one through the criminal courts. Both can result in license loss, and sometimes the timelines overlap.
Administrative Penalties
These take effect right away, even before a court date:
- 90 days without a license for a first offense with a BAC of 0.08% or higher;
- One year for refusing a breath, blood, or urine test; and
- Longer suspensions for repeat offenses or very high BAC results.
Court-Ordered Penalties
If convicted, additional license revocation can be imposed:
- At least 30 days for a fourth-degree DWI, and
- Several years for felony convictions.
Options for Limited Driving
Some drivers may be eligible for restricted licenses or ignition interlock programs, allowing travel to work, school, or medical appointments. Reinstating full privileges requires alcohol education, reinstatement fees, and meeting court requirements.
Why Commercial Drivers Face Stricter DWI Standards
Commercial drivers face stricter standards under MN drunk driving laws. The legal BAC threshold is 0.04%, which is half the limit for non-commercial drivers.
License consequences are severe:
- A one-year disqualification for a first offense.
- A lifetime disqualification for a second offense.
These penalties apply even if the driver was in a personal vehicle at the time. Also, Minnesota does not allow limited commercial driving privileges after a DWI.
Losing a commercial license can end a career for truck drivers, bus operators, and other professionals.
The True Cost of a DWI in Minnesota
The expenses tied to a DWI go far beyond fines. Convictions can lead to costs that continue for years. Some of the first expenses drivers face are:
- Court fines and administrative fees,
- License reinstatement charges,
- Alcohol education or treatment program costs,
- Ignition interlock installation and monitoring fees,
- Towing and impound costs, and
- Higher car insurance premiums.
Additionally, these indirect costs related to a DWI can prove just as damaging:
- Lost wages during jail time or court appearances,
- Losing a job if driving is part of employment,
- Complications with professional licenses, and
- Paying for rides, public transportation, or other options during license revocation.
The financial impact of a DWI in Minnesota often reaches $10,000 or more once all fees, program costs, and insurance hikes are added together.
Challenging a Minnesota DWI Charge
DWI cases are complex, and details from the stop through the booking process may provide a defense. An experienced attorney examines every stage to determine whether errors were made.
Key areas of review include:
- Traffic stop: Officers must have a valid reason to pull a driver over. If the stop lacked reasonable suspicion, the case may weaken from the start.
- Field sobriety tests: These roadside tests are subjective, and weather, medical conditions, or uneven surfaces can affect results.
- Chemical testing: Breath, blood, and urine tests must follow strict procedures. Questions about calibration, handling, or contamination can challenge accuracy.
- Procedural requirements: Police must read certain rights and warnings at specific times. Failure to follow procedure can affect what evidence is allowed in court.
- Alternative explanations: Medical conditions, fatigue, or stress can mimic signs of intoxication, raising doubts about the officer’s observations.
Protect your defense from the start. The attorneys at Meshbesher & Spence know how to find weaknesses in DWI cases and challenge unreliable evidence.
Reach us at (612) 339-9121 or through our online form to schedule a free consultation.
Steps to Take After a DWI Arrest
The first hours after a DWI arrest in Minnesota matter. What you do during this time can protect your rights and preserve important options for your defense. You should:
- Stay silent beyond basic details. Provide identification if asked, but do not answer questions about where you were, what you had to drink, or how much.
- Ask for an attorney immediately. Request legal counsel and wait to speak until your lawyer is present.
- Address license issues right away. You have 30 days to request a hearing to contest license revocation. Missing this deadline means losing that chance.
- Document everything. Record details about the traffic stop, field sobriety tests, and anything officers said. Keep receipts, medical records, or witness contacts that might support your case.
- Follow restrictions closely. If your license is revoked or limited, obey those terms exactly. Driving without authorization adds new charges on top of the DWI.
Taking these steps provides your attorney with stronger tools for your defense and helps protect your rights from the beginning.
Long-Term Impact of a DWI Conviction
A Minnesota DWI conviction does not end with fines, probation, or license suspension. The impact can extend into nearly every part of daily life:
- Employment: Employers may run background checks that reveal DWI convictions. Certain careers, such as commercial driving, healthcare, or jobs requiring security clearance, may become difficult or impossible to pursue.
- Housing: Landlords check criminal records, and a DWI on file can reduce rental options.
- Immigration: Non-citizens may face visa issues, denial of entry, or even deportation when a DWI appears on their record.
- Travel: Some countries restrict entry for travelers with DWI convictions.
- Reputation: Professional and personal relationships may be affected by the stigma of a criminal record.
State law allows for expungement of certain DWIs, meaning records can be sealed from the public. However, felony DWIs are not eligible for removal, and even successful expungements remain visible to law enforcement and some licensing boards.
How Meshbesher & Spence Helps
Defending against DWI charges in Minnesota requires deep familiarity with both the law and the scientific testing used in these cases.
Meshbesher & Spence brings decades of defense experience, handling cases across the state’s courts and against prosecutors who take an aggressive approach to DWI enforcement.
Our attorneys review police reports, testing procedures, and the circumstances of each arrest to identify weaknesses in the state’s case. We also understand how penalties differ depending on prior history, aggravating factors, and the specific charges involved under MN drunk driving laws.
Every client receives direct attention and clear guidance. From protecting driving privileges to challenging faulty test results, our goal is to minimize the long-term impact of a charge and pursue the best possible outcome under Minnesota law.
Frequently Asked Questions About Minnesota DWI Laws
What is the Minnesota legal drinking limit for drivers?
The Minnesota legal drinking limit is 0.08% blood alcohol concentration (BAC) for most drivers. That means if your BAC measures 0.08% or higher, you can be charged with DWI. For commercial drivers, the threshold is stricter at 0.04%.
Minnesota also enforces a zero-tolerance policy for drivers under 21, making it illegal to have any measurable amount of alcohol in their system. Even if your BAC falls below 0.08%, officers can still arrest you if your driving shows signs of impairment.
What happens if I refuse a breath test in Minnesota?
Minnesota’s implied consent law requires drivers to comply with breath, blood, or urine testing if an officer has probable cause to suspect impairment.
Refusing a test triggers its own penalties separate from a DWI conviction. A first refusal typically results in a one-year license revocation, while repeat refusals lead to longer suspensions.
Courts also treat refusal as an aggravating factor, which can raise the level of the charge. While you have the right to speak with an attorney before testing, declining altogether usually makes the situation more serious.
Am I eligible to clear a Minnesota DWI from my record later?
Expungement may be possible, but it depends on the charge level:
- Certain misdemeanors and gross misdemeanors may qualify if you meet waiting periods and complete all sentencing terms.
- Felony DWIs cannot be removed.
- Sealed records remain visible to law enforcement and some agencies.
If clearing your record is important for work or housing, Meshbesher & Spence can help you understand whether your case qualifies and what steps to take.
Can I get into Canada if I have a Minnesota DWI on my record?
A Minnesota DWI can make you inadmissible at the Canadian border. Entry is possible in limited circumstances, such as applying for a special permit and showing proof of rehabilitation after the sentence is complete.
But this processing takes time, and success is not guaranteed. For many, a conviction creates long-term limits on travel. Meshbesher & Spence can explain how a record might affect border crossings and your options for moving forward.
I take prescription medication. Can I still be charged with DWI?
Yes. Minnesota law allows DWI charges if your ability to drive is impaired by drugs, even if they were legally prescribed. If you are facing DWI charges related to medication, medical records, and expert testimony may be important in your defense.
How soon should I call a lawyer after a DWI arrest in Minnesota?
It’s best to contact an attorney immediately after a DWI arrest. Important deadlines begin right away, including the 30-day limit to request a hearing to challenge license revocation.
Waiting can mean missed opportunities to protect your driving privileges or contest parts of the case. A lawyer familiar with DWI laws in Minnesota can step in to represent your interests in both court proceedings and Department of Public Safety hearings.
Contact Meshbesher & Spence About Your Minnesota DWI Case
Meshbesher & Spence has defended Minnesotans against DWI charges for over 60 years. A conviction under the state of Minnesota DWI laws can take away your license, drain your finances, and leave a permanent mark on your record.
Our attorneys know the Minnesota courts, understand the science behind testing, and build defenses that protect your rights from day one. Schedule a no-cost case review today by calling (612) 339-9121 or reaching out to us online.
Proudly Representing Minnesota Residents
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