Minnesota DWI Laws 2026: Complete Guide to Driving While Impaired

Minnesota uses the term DWI (Driving While Impaired) and has some of the nation's strictest drunk driving laws. Minnesota is unique in treating test refusal as a separate crime (gross misdemeanor) and implementing vehicle plate impoundment for many DWI offenses. This comprehensive guide covers Minnesota DWI laws, penalties, license consequences, plate impoundment, and defense options.

What Is DWI in Minnesota?

Under Minnesota Statute § 169A.20, it is a crime to drive, operate, or be in physical control of a motor vehicle:

• While under the influence of alcohol, controlled substance, or hazardous substance
• While having an alcohol concentration of 0.08% or more
• While knowingly under the influence of any hazardous substance that affects the nervous system, brain, or muscles

BAC Limits in Minnesota

• Adults (21+): 0.08% BAC
• Minors (under 21): 0.08% BAC (Minnesota does NOT have a zero-tolerance law for underage drivers)
• Commercial drivers: 0.04% BAC when operating commercial vehicle

Aggravated DWI

Minnesota has special aggravated DWI provisions that increase penalties. A DWI is aggravated if:

• BAC of 0.16% or higher (twice the legal limit)
• Prior qualified DWI within 10 years
• Refusal to submit to chemical testing
• Child under age 16 in vehicle at time of violation

Aggravated DWI elevates offense level (misdemeanor becomes gross misdemeanor) and triggers additional consequences including plate impoundment.

Minnesota DWI Penalties by Offense

First Offense DWI (Misdemeanor)

Standard First Offense (no aggravating factors):

• Maximum jail: 90 days (rarely imposed for first offense)
• Maximum fine: $1,000
• License revocation: Minimum 90 days
• Typical sentence: Probation, chemical dependency evaluation, treatment, community service
• Conditional release: May allow limited driving with ignition interlock
• Criminal record: Misdemeanor conviction (cannot be expunged)

First Offense with Aggravating Factors (Gross Misdemeanor):

• Maximum jail: 1 year
• Mandatory minimum jail: 30 days (may substitute for home monitoring or treatment)
• Maximum fine: $3,000
• License revocation: 1 year (minimum)
• Plate impoundment: Yes (see below)
• Ignition interlock: Required
• Criminal record: Gross misdemeanor conviction

Second Offense DWI (Gross Misdemeanor)

Within 10 years of first offense (Minn. Stat. § 169A.25):

• Maximum jail: 1 year
• Mandatory minimum jail: 30 days (may substitute for home monitoring or treatment)
• Maximum fine: $3,000
• License revocation: Minimum 1 year
• Plate impoundment: Yes (automatic)
• Ignition interlock: Required
• Chemical dependency evaluation and treatment: Mandatory
• Criminal record: Gross misdemeanor conviction

Third Offense DWI (Gross Misdemeanor)

Within 10 years (Minn. Stat. § 169A.26):

• Maximum jail: 1 year
• Mandatory minimum jail: 90 days (30 days must be served, 60 days may be substituted)
• Maximum fine: $3,000
• License revocation: Minimum 1 year (up to 4 years)
• Plate impoundment: Yes (automatic)
• Ignition interlock: Required
• Vehicle forfeiture: State may seize vehicle
• Criminal record: Gross misdemeanor conviction

Fourth Offense DWI (Felony)

Within 10 years, or any DWI after three prior DWI convictions in lifetime (Minn. Stat. § 169A.24):

• Maximum prison: 7 years
• Mandatory minimum jail: 180 days (may substitute for treatment/monitoring)
• Maximum fine: $14,000
• License revocation: Minimum 2 years (up to permanent cancellation)
• Plate impoundment: Yes (automatic)
• Ignition interlock: Required
• Vehicle forfeiture: State may seize vehicle
• Criminal record: Felony conviction

Test Refusal: Separate Crime in Minnesota

Minnesota is unique in treating test refusal as a separate criminal offense (Minn. Stat. § 169A.20(2)).

Refusal as Gross Misdemeanor

First refusal:

• Criminal charge: Gross misdemeanor (separate from DWI)
• Maximum jail: 1 year
• Maximum fine: $3,000
• License revocation: 1 year (minimum)
• Can be charged with BOTH DWI and refusal

Second or subsequent refusal:

• Enhanced penalties same as second/third DWI
• Longer license revocation
• Plate impoundment

Implied Consent Advisory

Before testing, officer must read Minnesota's implied consent advisory explaining:

• You have right to consult with attorney before deciding whether to test
• However, cannot unreasonably delay testing
• Refusal to test is a crime
• Consequences of refusal (license revocation, criminal charges)

Important: If officer fails to properly read implied consent advisory, refusal charges may be dismissed.

Consequences of Refusing

• Criminal gross misdemeanor charge (separate from DWI)
• Immediate license revocation (longer than if you tested and failed)
• Refusal can be used as evidence of consciousness of guilt in DWI trial
• Plate impoundment
• Does not prevent DWI charges - you can be charged with both DWI (based on officer observations, field tests) and refusal

Vehicle Plate Impoundment

Minnesota's unique plate impoundment law (Minn. Stat. § 169A.60) requires police to immediately impound license plates for certain DWI offenses.

When Plates Are Impounded

Plates must be impounded if:

• Second or subsequent DWI within 10 years
• Test refusal
• BAC of 0.16% or higher
• Child under 16 in vehicle at time of violation

How Plate Impoundment Works

• Officer impounds plates immediately at scene of arrest
• Applies to vehicle you were driving (whether you own it or not)
• Plates sent to Department of Public Safety
• Plates impounded for minimum 1 year
• Cannot register any vehicle or obtain new plates during impoundment period

Special Registration Plates

You may be eligible for special registration plates allowing limited driving:

• Plates designated with "W" prefix (recognizable to law enforcement)
• Requires installation of ignition interlock device on all vehicles with special plates
• Can only drive vehicles equipped with IID
• Must pay for special plates ($50 application fee plus plate fees)

Impact on Vehicle Ownership

• If you own the vehicle: Plates impounded, you may apply for special plates
• If you borrowed the vehicle: Owner's plates still impounded; owner must apply for special plates
• Creates significant hardship for vehicle owners not involved in DWI

License Revocation and Limited Licenses

Administrative License Revocation

License revoked immediately upon arrest if:

• Test shows BAC 0.08% or higher (0.04% for CDL), OR
• Refuse to submit to testing

This is separate from criminal proceedings.

Revocation Periods

Limited License (B-Card)

You may be eligible for a limited license allowing driving for specific purposes:

Permitted driving:

• To and from work (or for work if job requires driving)
• To and from school or educational programs
• To and from chemical dependency treatment
• To and from ignition interlock service center
• Medical appointments for yourself or dependents

Requirements:

• Install ignition interlock device on all vehicles operated
• Obtain SR-22 insurance certificate
• Complete chemical dependency evaluation
• Pay reinstatement fee
• Comply with all treatment requirements

Eligibility timing varies by offense:

• First offense: May apply immediately
• Second offense: After 15-90 days
• Third offense: After 30-180 days
• Fourth offense: After 180 days-1 year

Ignition Interlock Device (IID)

Minnesota requires IID for most DWI convictions and limited licenses.

When IID Is Required

• Any aggravated DWI conviction
• Second or subsequent DWI
• To obtain limited license (B-Card)
• To obtain special registration plates after plate impoundment
• May be required as condition of probation for first offense

IID Requirements

• Must be installed on all vehicles you own or regularly operate
• Cannot operate any vehicle without IID during IID period
• Must use state-approved IID provider
• Monthly calibration and monitoring required
• Device records all breath tests and driving data
• Violations (failed tests, tampering) reported to DPS and court

IID Duration

• First aggravated DWI: 1 year minimum
• Second DWI: 2 years minimum
• Third DWI: 3-6 years
• Fourth+ DWI: 3-10 years

IID Costs

• Installation: $100-$150
• Monthly rental/monitoring: $75-$100
• Removal: $50-$100
• Total for 1 year: Approximately $1,000-$1,500

Minnesota DWI Arrest Process

Step 1: Traffic Stop

Officer must have reasonable suspicion to stop:

• Traffic violation
• Equipment violation
• Erratic driving
• DWI checkpoint (limited circumstances)

Step 2: Investigation

If officer suspects impairment:

• Questions about drinking, where coming from, etc.
• Observation for signs of intoxication
• Field sobriety tests (voluntary - you can refuse)
• Preliminary breath test (voluntary - you can refuse without penalty)

Step 3: Arrest

If probable cause exists, you're arrested and transported to police station or county jail.

Step 4: Implied Consent Advisory

Officer reads implied consent advisory explaining:

• Right to consult attorney (cannot unreasonably delay testing)
• Refusal to test is a crime
• License revocation consequences

Step 5: Chemical Testing

You're asked to submit to breath or blood test (evidentiary test, not preliminary).

Step 6: Plate Impoundment (If Applicable)

If you meet plate impoundment criteria, officer impounds plates immediately.

Step 7: Release or Booking

• First offense: Usually released within hours
• Second+ offense or test refusal: May be held for court appearance

Step 8: Citations and Court Date

You receive:

• DWI citation
• Test refusal citation (if applicable)
• Notice of license revocation
• Court appearance date (typically within 2-4 weeks)

Common DWI Defenses

1. Illegal Stop

• Officer lacked reasonable suspicion to make initial stop
• If stop illegal, all evidence suppressed

2. Lack of Probable Cause

• Officer lacked sufficient evidence to arrest
• Field sobriety tests improperly administered

3. Improper Implied Consent Advisory

• Officer failed to properly read advisory
• Officer denied or unreasonably delayed attorney consultation
• Can result in dismissal of test refusal charges

4. Improper Chemical Testing

• Breath test machine not properly maintained or calibrated
• Officer not properly trained
• 15-minute observation period not followed
• Blood test chain of custody issues
• Medical conditions affecting test (GERD, diabetes, mouth alcohol)

5. Not in Physical Control

• You were not driving or in physical control of vehicle
• Vehicle incapable of being driven
• Another person was driving

6. Rising BAC Defense

• BAC was below 0.08% while driving but rose above by time of test
• Requires expert testimony on alcohol absorption rates

DWI Costs and Consequences

Direct Costs (First Offense)

Indirect Costs

• Insurance increases: 40-100% increase for 3-5 years (adds $3,000-$15,000+)
• Lost wages: Time off for court, treatment, jail
• Employment: Job loss (especially if driving required)
• Professional licenses: Some professions face discipline (CDL drivers, pilots, nurses, attorneys)
• Vehicle forfeiture: State may seize vehicle (third+ offense)

Frequently Asked Questions

What is DWI in Minnesota?

DWI stands for Driving While Impaired. Minnesota uses DWI instead of DUI. It means driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, controlled substances, or hazardous substances. The legal BAC limit is 0.08% for adults.

Is a first DWI in Minnesota a felony or misdemeanor?

A first DWI is typically a misdemeanor in Minnesota. However, it becomes a gross misdemeanor if your BAC is 0.16% or higher (aggravated DWI), if you refuse testing, or if you have a child under 16 in the vehicle. A fourth DWI within 10 years, or any DWI after three prior lifetime convictions, is a felony.

How long does a DWI stay on your record in Minnesota?

A DWI conviction remains on your Minnesota criminal record permanently and cannot be expunged. For purposes of penalty enhancement (determining whether it's your 2nd, 3rd, 4th offense), DWI convictions count for 10 years (lookback period). However, a fourth DWI in your lifetime is always a felony regardless of timing.

What happens if you refuse a breathalyzer in Minnesota?

Refusal to submit to chemical testing is a separate gross misdemeanor crime in Minnesota (not just a civil penalty). Refusal results in immediate license revocation for 1 year (first refusal) or longer for subsequent refusals, plus criminal charges for the refusal itself. You can be charged with both DWI and test refusal. Plate impoundment also applies to refusals.

What is plate impoundment in Minnesota?

Minnesota has a unique vehicle plate impoundment law. For certain DWI offenses (second+ DWI, test refusal, BAC 0.16%+, or child in vehicle), your license plates are immediately impounded at the scene. Plates are impounded for minimum 1 year. You may be eligible for special "W" plates allowing limited driving with ignition interlock device.

How long is the lookback period for DWI in Minnesota?

Minnesota has a 10-year lookback period for DWI offenses. Prior DWI convictions within the past 10 years are counted for penalty enhancement purposes. However, a fourth DWI offense in your lifetime is always a felony, regardless of when prior convictions occurred.

Can you get a work permit after DWI in Minnesota?

Yes, you may be eligible for a limited license (B-Card) allowing driving for specific purposes like work, school, medical treatment, chemical dependency treatment, and ignition interlock service. You must install an ignition interlock device on all vehicles operated and meet other requirements. Eligibility timing depends on offense level.