What is a DWI in Minnesota?
Driving While Impaired (DWI) means operating a motor vehicle while under the influence of alcohol, a controlled substance, an intoxicating substance, or having an alcohol concentration of 0.08 or above.
Minnesota Statute
Driving While Impaired (169A.20)
Key questions we answer
What are the penalties for a DWI in Minnesota?
Penalties depend on the number of prior offenses and aggravating factors. A first-time DWI without aggravating factors (fourth-degree DWI) is a misdemeanor (up to 90 days jail and $1,000 fine). Repeat or aggravated DWIs (second- or third-degree) are gross misdemeanors (up to 1 year jail). A fourth DWI within 10 years, or certain prior impaired driving felonies, result in a first-degree (felony) DWI, punishable by up to 7 years in prison and a $14,000 fine.
What the State must prove
Typical elements center on operation or physical control of a vehicle, a public roadway, impairment indicators or an alcohol/drug concentration at or above 0.08, and a validly administered test.
Weak links—an unlawful stop, flawed test warnings, or questionable breath/blood procedures—create leverage for reduction or dismissal.
Penalties at a glance
Consequences scale with priors and aggravators (≥ 0.16 test, refusal, child in vehicle, injury/crash). Collateral actions—license revocation, plate impoundment, vehicle forfeiture—often start immediately and run alongside the criminal case.
Your first 72 hours: what to do
- Calendar the license-revocation challenge and ignition interlock deadlines.
- Request dash/body-cam and testing records; save receipts and witness info.
- Limit statements; discuss the stop only with counsel.
Defenses we evaluate in every DWI
- Reasonable suspicion/probable cause for the stop and arrest.
- Testing integrity: machine maintenance, operator certification, observation period.
- Rising alcohol and timing; medical issues (GERD, diabetes, mobility/balance).
How TCDN helps
We route you to a Minneapolis–St. Paul DWI attorney who works these dockets daily. Expect a same-day strategy for court, license relief, discovery, and negotiation posture.