Minnesota DWI Statute: Degrees, Penalties, and License Loss

A DWI in Minnesota can be anything from a 90-day misdemeanor to a seven-year felony, and the criminal sentence is only part of it. Minnesota DWI penalties also include administrative license revocation, plate impoundment, possible vehicle forfeiture, mandatory ignition interlock for repeat offenders, and consequences that reach across state lines and the Canadian border. Which penalties apply depends on your BAC, your prior record, and whether certain aggravating factors were present when you were stopped.

The Four Degrees of DWI

Minnesota sorts impaired driving offenses into four degrees under Chapter 169A. The degree is set by the number of aggravating factors present and by your history of prior qualified impaired driving incidents.

Jail Time and Fines

The statutory maximum for each classification sets the top end of what a court can impose.

Mandatory Minimums for Repeat Offenders

Once you have priors, the court’s discretion narrows. Minnesota imposes mandatory minimums based on how many qualified prior incidents you have in the past ten years, and those floors survive most plea deals.7Minnesota Office of the Revisor of Statutes. Minnesota Code 169A.275 – Mandatory Penalties, Nonfelony Violations

  • Second offense: at least 30 days of incarceration, with 48 hours served in a local jail. Community work service can substitute for part of the sentence, but at least 48 hours in jail or 80 hours of community service must be served.
  • Third offense: at least 90 days of incarceration, with 30 consecutive days in jail.
  • Fourth offense: at least 180 days of incarceration, with 30 consecutive days in jail.

Felony DWI carries its own floor. The court cannot drop below three years in prison, and the offender is not eligible for early release without completing a chemical dependency treatment program while incarcerated. After release, five years of conditional release under the Department of Corrections follows.8Minnesota Office of the Revisor of Statutes. Minnesota Code 169A.276 – Mandatory Penalties, Felony Violations

What Bumps Up the Charge

Three specific circumstances are defined as aggravating factors, and each one present at the time of the offense pushes the charge up by one degree.6Minnesota Office of the Revisor of Statutes. Minnesota Code 169A.03 – Definitions

  • A BAC of 0.16% or higher, measured at the time of the offense or within two hours after.
  • A qualified prior impaired driving incident within the ten years before the current offense.
  • A child under 16 in the vehicle, if the child is more than 36 months younger than the driver.

The child passenger factor is the one that surprises first-time offenders. A driver with a clean record and a BAC of 0.09% would normally face a fourth-degree misdemeanor, but a young child in the car turns that same stop into a third-degree gross misdemeanor.

Losing Your License

License revocation is administrative. The Department of Public Safety handles it separately from the criminal case, and you can lose your license even if the criminal charge is later reduced or dismissed.

Revocation for a DWI Conviction

For a driver with no qualified prior incidents in the past 20 years, Section 171.178 sets these minimum revocation periods:9Minnesota Office of the Revisor of Statutes. Minnesota Code 171.178 – Revocation Periods for DWI Convictions

  • Standard DWI conviction: at least 30 days.
  • Criminal test refusal conviction: at least 90 days.
  • Under 21 with BAC below 0.16%: at least 180 days.
  • BAC of 0.16% or higher: at least one year.

An offense involving personal injury or death adds at least 90 days. Drivers with one or more qualified prior incidents in 20 years stay revoked until they finish the ignition interlock program.

Revocation for Refusing the Test

Refusing a chemical breath, blood, or urine test after a lawful DWI arrest is itself an offense, and the administrative revocation is harsher than a conviction alone.10Minnesota Office of the Revisor of Statutes. Minnesota Code 169A.52 – Test Refusal or Failure, License Revocation

  • No priors within ten years: one year.
  • One prior within ten years, or two total: two years.
  • Two priors within ten years, or three total: three years.
  • Three priors within ten years: four years.
  • Four or more priors: six years.

The revocation kicks in when the refusal is certified, not after a hearing. You can petition for judicial review, but the revocation stays in place while the review is pending unless a court says otherwise.

Getting the License Back

Reinstatement runs $680, paid to Driver and Vehicle Services. You can split it: about $395 up front for a two-year provisional reinstatement, and about $345 by the end of that window. Miss the second payment and the license is revoked again until the full amount is paid.

Plate Impoundment

Minnesota is one of the few states that impounds vehicle plates after certain DWIs. Under Section 169A.60, plate impoundment is ordered when any of the following applies:11Minnesota Office of the Revisor of Statutes. Minnesota Code 169A.60 – Administrative Impoundment of Plates

  • A DWI-related revocation within ten years of a prior impaired driving incident.
  • A BAC of twice the legal limit (0.16% or higher).
  • A child passenger under 16 who is more than 36 months younger than the driver.
  • Driving after a cancellation as inimical to public safety.

Standard replacement plates are off-limits for at least a year. You can apply for special registration plates with a distinctive series that law enforcement recognizes on sight; those run $50 each, or $100 per vehicle if you enroll in the ignition interlock program instead of waiting out the impoundment.

The Ignition Interlock Program

An ignition interlock device is a breathalyzer wired to the ignition. It blocks the engine from starting if it reads 0.02% or higher. First-time offenders can enroll voluntarily to get a limited license during revocation. For repeat offenders, enrollment is mandatory.12Minnesota Department of Public Safety. Ignition Interlock Device Program

A change took effect on July 1, 2025. Drivers whose impaired driving incident occurs on or after that date must enroll if their license is revoked for a second or subsequent offense within 20 years. The prior lookback was ten years. Leasing and monitoring the device typically costs between $70 and $125 a month, paid to the vendor.

Vehicle Forfeiture

The state can permanently seize the vehicle used in the offense under Section 169A.63 in two situations:13Minnesota Office of the Revisor of Statutes. Minnesota Code 169A.63 – Vehicle Forfeiture

  • A first-degree (felony) DWI.
  • A DWI committed within ten years of two or more qualified prior incidents.

The vehicle is subject to forfeiture even if you do not own it outright. A secured lender or lessor’s interest is generally protected unless they knew about or consented to the impaired driving. Enrolling in the ignition interlock program before the forfeiture is finalized stays the proceeding, and the vehicle must be returned.

If You Hold a CDL

Federal law hits commercial drivers harder, and it applies whether the DWI happened in a commercial vehicle or your personal car.14Office of the Law Revision Counsel. 49 USC 31310 – Disqualifications

  • First DWI: one-year CDL disqualification.
  • First DWI while hauling hazardous materials: three-year CDL disqualification.
  • Second DWI: lifetime CDL disqualification.

Refusing a chemical test counts the same as a conviction for disqualification purposes.15eCFR. 49 CFR 383.51 – Disqualification of Drivers Minnesota also reports license actions to the National Driver Register, so a move to another state does not erase the record.16National Highway Traffic Safety Administration. National Driver Register

Crossing Into Canada

A Minnesota DWI can keep you out of Canada. Since December 2018, Canada has treated impaired driving as a serious crime with a ten-year maximum sentence under Canadian law, which means a DWI conviction can make you criminally inadmissible at the border.17Government of Canada. Overcome Criminal Convictions Border officers have discretion, and the traveler carries the burden of proving admissibility.

Offenses before December 18, 2018 may qualify for “deemed rehabilitated” status if every part of the sentence, including probation, fines, and license reinstatement, was completed at least ten years earlier. Offenses after that date do not qualify. A Temporary Resident Permit is the alternative, and it can take months.

The Full Cost

Sentencing and fines are only part of what a DWI costs. The $680 reinstatement fee, interlock lease payments running $70 to $125 a month for a year or more, special plate fees, higher insurance premiums, and attorney fees add up to several thousand dollars even on a first-offense misdemeanor. None of it is tax-deductible; the IRS treats criminal fines and personal legal expenses as nondeductible.18Internal Revenue Service. Publication 529 – Miscellaneous Deductions

A conviction also shows up on background checks. Minnesota does not bar employers from considering criminal history, though federal guidelines direct them to weigh the nature of the offense, the time since it happened, and how it relates to the job before rejecting a candidate. A felony DWI carries added weight: it can disqualify you from work requiring professional licensure, and it strips your right to possess firearms under both state and federal law.