Minnesota DWI: What to Do in the First 48 Hours

A Minnesota DWI arrest can trigger multiple consequences quickly—sometimes within hours—affecting driving privileges, vehicle status, and work logistics before the criminal case is even scheduled in court.

Minnesota commonly operates on a two-track system after a DWI arrest: a criminal case in court and a separate administrative driver’s license action through the Minnesota Department of Public Safety (DPS). These tracks follow different rules and timelines. Understanding what happens early can help avoid missed deadlines and unnecessary disruption.

What matters most in the first 48 hours

The first two days are often less about fighting the case and more about preserving options and stabilizing day-to-day impacts. Common early considerations include:

• Confirming current driving privileges and any temporary license period
• Identifying whether a vehicle was towed, seized, or subject to plate-related restrictions
• Preserving time-sensitive evidence before routine retention periods expire
• Thinking carefully about employer communications and reporting obligations
• Getting informed guidance early enough to act before deadlines

Many early consequences are process-driven and time-sensitive, which is why timing often matters.

Minnesota’s two DWI tracks: criminal and administrative

A DWI arrest may involve two parallel proceedings.

Criminal case (court)

The criminal case addresses whether the state can prove a DWI offense and, if so, what penalties may apply, such as fines, probation conditions, treatment requirements, or jail. This process typically unfolds over weeks or months.

Administrative license action (DPS)

Separately, DPS may impose an administrative driver’s license revocation based on a test result or a refusal. This action is not necessarily tied to the final outcome of the criminal case and can move quickly.

Key point: A person may see favorable movement in the criminal case and still face license consequences if the administrative process is not addressed on time.

Implied consent in Minnesota

Minnesota’s implied consent framework generally applies to drivers—or those alleged to be in physical control of a vehicle. After a lawful DWI arrest, an officer typically reads an Implied Consent Advisory explaining that testing is required, refusal can be a crime, and there is a limited right to consult an attorney.

Refusal can carry significant consequences, including longer administrative license revocation periods and potential additional criminal exposure in many situations. Because the decision can have lasting effects, it is often treated as a critical moment.

Driver’s license revocation and early timing

After testing or refusal, many drivers receive a Notice and Order of Revocation. In many cases, that notice functions as a short temporary license—often seven days.

That brief window is commonly used to arrange transportation, assess work impacts, and decide whether to challenge the revocation. When the temporary period ends, revocation typically begins unless relief is granted.

Revocation length depends on factors such as prior incidents, alleged alcohol concentration, and refusal. Higher alcohol concentration allegations and prior DWIs generally increase the likelihood of longer revocations and added requirements.

Vehicle towing, forfeiture, and plate issues

Vehicles are often towed following a DWI arrest, and storage fees may accrue quickly. Some DWI circumstances can expose a vehicle to forfeiture, which involves strict notice and response deadlines.

Certain cases also involve plate impoundment, requiring special registration plates. Depending on the situation, plate consequences can affect household transportation planning, not just the vehicle involved.

Employment and professional considerations

Commercial drivers and DOT-regulated workers may face heightened consequences, including possible CDL disqualification, even when the incident occurs in a personal vehicle. Some licensed and public-sector roles involve employer or licensing-board processes that operate independently of the criminal case.

Background checks may show pending charges, and motor vehicle records can reflect administrative actions. Planning how and when to address employment questions can be an early practical concern.

Why early strategy can matter

Some evidence—such as video, audio, testing documentation, or maintenance records—may be subject to routine retention limits. Early preservation requests can help ensure potentially relevant materials remain available.

Early planning is often most effective when it considers the full picture: driving privileges, vehicle access, insurance implications, work constraints, and family logistics, rather than addressing each issue in isolation.

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Legal disclaimer

This article is for general informational purposes only and is not legal advice. Reading this page does not create an attorney-client relationship. Laws, procedures, and deadlines can change, and outcomes depend on specific facts. If you need advice about your situation, consider speaking with a qualified Minnesota DWI attorney.

Bottom line

A Minnesota DWI arrest can involve more than a single court case. Administrative license actions, vehicle restrictions, and employment considerations may begin quickly and operate on separate timelines. The first 48 hours are often about understanding what is happening and preserving options before automatic consequences and deadlines narrow them.