Minnesota DWI Laws: Penalties, BAC Limit & License (2026)

In Minnesota the offense is called driving while impaired (DWI), and Minnesota Statutes 169A.20 make it a crime to drive with an alcohol concentration of 0.08 or more. A first DWI is fourth-degree driving while impaired, which Statute 169A.27 classifies as a misdemeanor, so it carries Minnesota's general misdemeanor maximum of 90 days in jail and a $1,000 fine under Statute 609.03, plus a license revocation through the Department of Public Safety.

This guide is part of our DUI Laws by State series.

What counts as a DWI in Minnesota

Minnesota's core impaired-driving statute, Statute 169A.20, makes it a crime to drive, operate, or be in physical control of a motor vehicle while under the influence of alcohol or a controlled or intoxicating substance, or with an alcohol concentration of 0.08 or more measured at the time or within two hours of driving. Because the statute reaches actual impairment as well as the per se number, a driver below 0.08 can still be charged if alcohol or drugs impaired the ability to drive. Commercial drivers face a 0.04 limit, and drivers under 21 fall under the state's not-a-drop zero-tolerance rule. An alcohol concentration of 0.16 or more is an aggravating factor under Statute 169A.03 that raises the degree of the offense. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05, as the National Highway Traffic Safety Administration describes. Refusing the test is a separate crime under 169A.20, subdivision 2, and Statute 169A.26, subdivision 1(b), makes that refusal third-degree DWI even when no aggravating factor is present.

First-offense DWI penalties in Minnesota (jail, fines, license)

A first DWI with no aggravating factors is fourth-degree driving while impaired, a misdemeanor under Statute 169A.27. That section supplies only the degree and the misdemeanor label; the numbers come from Minnesota's general misdemeanor cap in Statute 609.03, a maximum of 90 days in jail and a fine of up to $1,000. Courts frequently impose probation rather than jail for a clean first offense, with conditions such as a chemical-use assessment and any recommended treatment. Aggravating factors change the picture sharply: a first offense with one aggravating factor, such as an alcohol concentration of 0.16 or more or a child under 16 in the vehicle who is more than 36 months younger than the driver, becomes third-degree DWI, a gross misdemeanor. Statute 609.03 caps a gross misdemeanor at 364 days in jail, deliberately just under one year, and a $3,000 fine. The Minnesota Department of Public Safety explains how the degrees line up. The license consequence is administered separately by the Department of Public Safety, and reinstatement requires paying a reinstatement fee and passing the DWI knowledge exam.

Watch out: The Department of Public Safety revocation and the criminal court case run on separate tracks. You can resolve the criminal charge and still lose your license through the implied-consent revocation, and you generally must request an implied-consent judicial review within 60 days of the notice and order of revocation to challenge it.

Ignition interlock requirements in Minnesota

Minnesota does not bolt an ignition interlock device onto every first offense. For a typical first DWI under 0.16 where the driver took and failed the test, the revocation runs without a mandatory interlock. The device becomes central, however, when the alcohol concentration was 0.16 or more or the driver refused testing: in those cases the Minnesota Department of Public Safety offers the Ignition Interlock Device Program as the way to keep driving during what would otherwise be a one-year revocation. Enrolling in the program lets a qualifying driver get a limited or full license tied to the device. The interlock requires a breath sample before the engine starts and at random points during a trip, and the vehicle will start only if the reading is below 0.02. Mandatory program lengths scale up for repeat offenders.

License revocation and the implied-consent process in Minnesota

Minnesota runs two proceedings at once. The implied-consent license revocation is an administrative action by the Department of Public Safety based on the test result or refusal, independent of the criminal court outcome. As the Minnesota Department of Public Safety explains, a first offense with an alcohol concentration under 0.16 generally brings about a 90-day revocation, which is commonly reduced to 30 days after a guilty plea to the fourth-degree charge. A first offense at 0.16 or more, or a test refusal, brings a one-year revocation. The driver receives a temporary period of driving privileges after a refusal, and the revocation takes effect after that window unless the driver challenges it. Reinstatement requires a reinstatement fee plus surcharges, the DWI knowledge exam, and in higher-tier cases enrollment in the interlock program.

Repeat offenses and the Minnesota look-back period

Minnesota counts qualified prior impaired driving incidents within a 10-year look-back window, and each prior raises the degree of a later DWI. A second incident within 10 years, or a first with an aggravating factor, is third-degree DWI, a gross misdemeanor. A third incident within 10 years is second-degree DWI. The felony threshold is first-degree DWI under Statute 169A.24: a person commits it by driving impaired within 10 years of the first of three or more qualified prior impaired driving incidents, or after a prior felony DWI conviction, or after certain criminal vehicular homicide or injury convictions. First-degree DWI is punishable by up to seven years in prison and a fine of up to $14,000. Criminal vehicular operation that causes injury or death is charged separately and is a felony regardless of offense number.

Watch out: Refusing the chemical test does not protect your license, and the criminal charge for refusal is more serious than the charge for a first-time test failure, not less. Under Statute 169A.26, subdivision 1(b), refusal is third-degree DWI with no aggravating factor required, a gross misdemeanor of up to 364 days in jail and a $3,000 fine, while a first-offense test failure is a fourth-degree misdemeanor capped at 90 days and $1,000. A refusal also triggers a one-year revocation and can be prosecuted alongside the DWI.

Refusing a breath or blood test in Minnesota

Under Minnesota's implied-consent law, driving in the state is treated as consent to a chemical test of breath, blood, or urine when an officer has the legal basis to require one after a DWI arrest. Refusing the test is not a free pass, and it is not the lesser charge. Refusal is a separate crime under Statute 169A.20, subdivision 2, and Statute 169A.26, subdivision 1(b), makes that violation third-degree driving while impaired with no aggravating factor required. Third-degree DWI is a gross misdemeanor, which Statute 609.03 caps at 364 days in jail and a $3,000 fine, so a first-time refusal sits one degree above the fourth-degree misdemeanor charged for a first-time test failure. The refusal also triggers a one-year license revocation through the Department of Public Safety, longer than the roughly 90-day revocation for failing the test under 0.16. A refusal also routes the driver into the interlock program as the only practical way to keep driving during the revocation. The driver may seek judicial review of the implied-consent revocation, but the deadline is short, so prompt action matters.

Can you expunge or seal a DWI in Minnesota

Minnesota does not make DWI records easy to erase. A DWI that ends in a conviction generally stays on the criminal record, and the impaired-driving incident remains on the driving record maintained by the Department of Public Safety, where it counts as a qualified prior within the 10-year look-back. Expungement of a criminal record in Minnesota is governed by Chapter 609A, which allows a court, in limited circumstances and after waiting periods, to seal certain records from public access. Even a granted expungement seals the court record rather than destroying it, and it does not remove the DWI from the driver's record or stop it from counting as a prior. Cases that end in dismissal or acquittal have a stronger path to sealing than convictions.

What to do after a DWI arrest in Minnesota

A Minnesota DWI generates two matters at once: a criminal case in district court and an administrative license case handled by the Department of Public Safety. The deadlines are tight, so a common first step is to note the implied-consent revocation date and the 60-day window to request judicial review of that revocation, because missing the window generally forfeits the chance to challenge it. The criminal case proceeds on its own schedule from first appearance through resolution. General information cannot tell you how a case will come out, since the outcome depends on the specific facts, the test evidence, and the driver's record. Many people consult a licensed Minnesota DWI attorney to understand the charge, the revocation, and the options for both the court case and the license case. Keep the arrest paperwork, the notice and order of revocation, and any test results.

More Minnesota Laws

• Minnesota Expungement Laws
• Minnesota Warrant Search