Minnesota DWI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DWI in Minnesota
Minnesota DUI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DWI's.
If you've been charged with DWI in Minnesota, the law allows only 30 days for a Minnesota DUI Lawyer to make a request with the Minnesota Department of Public Safety for a hearing to help save your drivers license.
What are the penalties for DWI in Minnesota?
The penalties for driving while intoxicated in Minnesota will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
AGGRAVATING FACTORS: Enhanced Penalties
Under Minnesota state law, certain factors surrounding a DWI offense can aggravate matters and increase penalties. These include:
1) A qualified prior impaired driving incident within the preceding 10 years
2) A BAC (blood alcohol concentration) of 0.16% or more
3) A DWI while carrying a child under the age of 16 in the vehicle
4) A DWI while a persons license has been suspended/revoked/cancelled
MN DWI Penalties
Minnesota is a state with a 10 year 'washout period' also known as a 'look back period'
1st DWI Offense / Conviction - Misdemeanor
The penalty upon conviction of a first DWI offense in Minnesota:
- Fine: up to $1,000 fine
- Jail: up to 90 days in jail
- License Revocation: 90 days drivers license revocation (may apply for limited work permit license after first 15 days of suspension)
- Ignition Interlock: may be eligible to apply for full driving privileges if prepared to install and use an ignition interlock device for full revocation period
- administrative license plate impoundment if any aggravating factors involved
- possible administrative vehicle forfeiture if aggravating factors involved
- chemical use assessment and treatment as recommended
- MN SR22 Insurance (proof of financial responsibility) Requirement
2nd DWI Offense / Conviction - Gross Misdemeanor
The penalty upon conviction of a second DWI offense in Minnesota:
- Fine: up to $3,000 fine
- Jail: minimum 30 days in jail (OR 8 hours of community service for each day less than thirty served)
- License Revocation: not less than 1 year drivers license revocation (may be eligible to apply for limited work permit license after first 90 days of revocation)
- Ignition Interlock: may be eligible to apply for full driving privileges if prepared to install and use an ignition interlock device for full revocation period
- administrative license plate impoundment if any aggravating factors involved
- possible administrative vehicle forfeiture if aggravating factors involved
- chemical use assessment and treatment as recommended
- MN SR22 Insurance (proof of financial responsibility) Requirement
3rd DWI Offense / Conviction - Gross Misdemeanor
The penalty upon conviction of a third DWI offense in Minnesota:
- Fine: up to $3,000 fine
- Jail: minimum 90 days in jail (30 days must be served consecutively)
- License Revocation: not less than 3 years drivers license revocation
- Ignition Interlock: may be eligible to apply for a limited license using an ignition interlock device immediately followed by 2 years of full driving privileges using ignition interlock device
- administrative license plate impoundment if any aggravating factors involved
- administrative vehicle forfeiture
- chemical use assessment and treatment as recommended
- MN SR22 Insurance (proof of financial responsibility) Requirement
4th DWI Offense / Conviction - Felony
The penalty upon conviction of a fourth DWI offense in Minnesota:
- Fine: up to $14,000 fine
- Jail: 180 days to 7 years in jail (30 days must be served consecutively) - followed by 5 years conditional release
- License Revocation: not less than 4 years drivers license revocation
- intensive probation program for repeat DWI offenders
- administrative license plate impoundment if any aggravating factors involved
- administrative vehicle forfeiture
- chemical use assessment and treatment as recommended
- MN SR22 Insurance (proof of financial responsibility) Requirement
5th (& subsequent) DWI Offense / Conviction - Felony
The penalty upon conviction of a fifth (& subsequent) DWI offense in Minnesota:
- Fine: up to $14,000
- Jail: 1 to 7 years in jail (60 days must be served consecutively) - followed by 5 years conditional release
- License Revocation: not less than 6 years drivers license revocation
- intensive probation program for repeat DWI offenders
- administrative license plate impoundment if any aggravating factors involved
- administrative vehicle forfeiture
- chemical use assessment and treatment as recommended
- MN SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
Chemical Test Refusal Penalties - Minnesota
It is an offense to refuse to submit to a chemical test in Minnesota and implied consent laws are enforced.
In Minnesota, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
First chemical test refusal (or qualified impaired driving incident)
- License Revocation: for a period of not less than 1 year (may apply for limited work permit license after first 15 days of revocation)
- Ignition Interlock: may be eligible to apply for full driving privileges if prepared to install and use an ignition interlock device for full revocation period
SECOND CHEMICAL TEST REFUSAL (or qualified impaired driving incident)
- License Revocation: for a period of not less than 2 years
- Ignition Interlock: may apply for full driving privileges if prepared to install and use an ignition interlock device for full revocation period
THIRD CHEMICAL TEST REFUSAL (or qualified impaired driving incident)
- License Revocation: for a period of not less than 3 years
- Ignition Interlock: may be eligible to apply for a limited license using an ignition interlock device for a period of 1 year followed by 2 years of full driving privileges using ignition interlock device
FOURTH CHEMICAL TEST REFUSAL (or qualified impaired driving incident)
- License Revocation: for a period of not less than 4 years
FIFTH (and subsequent) CHEMICAL TEST REFUSAL (or qualified impaired driving incident)
- License Revocation: for a period of not less than 6 years
What is the legal alcohol limit in Minnesota
The maximum legal BAC (blood alcohol content) limits in Minnesota for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of Minnesota it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.00% - ZERO TOLERANCE
In the State of Minnesota it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.00% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of Minnesota it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in Minnesota and implied consent laws are enforced.
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