Minnesota DWI Laws: 2025 DUI Charges Guide
Minnesota uses the term “DWI” (Driving While Intoxicated) rather than DUI. Drivers convicted of DWI face detailed administrative and criminal processes that operate independently. Minnesota may require mandatory ignition interlocks, substance abuse evaluations, and comprehensive treatment if you get a DWI.
Getting Started
Minnesota enforces strict DWI laws with a comprehensive four-degree classification system and progressive penalties designed to address repeat offenses. If you’re arrested for a DWI in Minnesota, you face both administrative license actions and criminal court proceedings that run on separate timelines.
Important Note: While this page provides detailed information about Minnesota DUI laws, DUI.org does not offer legal advice. Laws can change, so consult a qualified DWI attorney for personalized guidance.
Definitions to Know
DWI
In Minnesota, this refers to Driving While Intoxicated by alcohol or controlled substances.
IID (Ignition Interlock Device)
A breathalyzer installed in a vehicle to prevent it from starting if alcohol is detected on your breath.
Minnesota DVS
The Driver and Vehicle Services division of the Department of Public Safety that handles administrative license actions, IID oversight, and license reinstatement processes.
Minnesota Department of Public Safety Driver and Vehicle Services (DVS)
The Minnesota Department of Public Safety Driver and Vehicle Services (DVS) handles license suspensions and reinstatement requirements, while criminal charges proceed through Minnesota’s court system. Minnesota’s comprehensive approach includes mandatory ignition interlock devices for many offenses and robust treatment programs aimed at preventing repeat violations.
Steps to Take After a DWI Arrest in Minnesota
- Hire an Attorney
Legal counsel can help navigate both DVS administrative processes and criminal proceedings in Minnesota’s court system.
- Address License Suspension
Expect your driver’s license to be suspended based on the severity of the offense and your blood alcohol concentration (BAC) level or test refusal.
- Request an Administrative Hearing
Expect your driver’s license to be suspended based on the severity of the offense and your blood alcohol concentration (BAC) level or test refusal.
- Apply for a Restricted License
If eligible, you may apply for limited driving privileges by installing an ignition interlock device.
- Install an IID
If eligible, you may apply for limited driving privileges by installing an ignition interlock device.
Explore IIDs - Complete Substance Abuse Evaluation
Attend evaluation and complete recommended programs through Minnesota-approved providers.
- Pay Fines and Fees
Pay court fines plus administrative fees for license reinstatement and other requirements.
- Complete DWI Education Program
You must complete mandatory education courses in Minnesota.
- Attend Court Proceedings
Your criminal case will proceed through Minnesota’s court system independently from administrative actions.
- Avoid Further Violations
Any new DWI or license violation can lead to enhanced penalties and extended suspensions.
DWI Laws in Minnesota
What Are the Legal Driving Alcohol Limits in Minnesota?
In Minnesota, it’s illegal to drive if you’re intoxicated by alcohol, controlled substances, or both. Minnesota maintains standard BAC limits that align with federal requirements. Police use breathalyzers, blood tests, and field sobriety tests during a DWI stop.
| Driver Category | Legal BAC Limit |
| Standard Drivers (21+) | 0.08% |
| Commercial Drivers | 0.04% |
| Drivers under 21 | 0.00% (Zero Tolerance) |
Felony vs Misdemeanor DWI Charges in Minnesota
Minnesota classifies DWI offenses into four degrees, with some classified as misdemeanors and others as felonies. The degree depends on factors including prior convictions, BAC level, and circumstances of the arrest.
Minnesota DWI Degrees
- Fourth Degree DWI: Misdemeanor for first-time offenses
- Third Degree DWI: Gross misdemeanor with enhanced penalties
- Second Degree DWI: Gross misdemeanor with mandatory minimums
- First Degree DWI: Felony with significant prison time
A DWI becomes a felony in Minnesota if:
- It’s your fourth or subsequent offense within 10 years
- You have a prior felony DWI conviction
- You refuse testing with three or more prior impaired driving incidents within 10 years
Does Minnesota Offer Drunk Driving Diversion Programs?
Minnesota does not offer traditional diversion programs that prevent conviction for DWI offenses. However, the state provides several alternative sentencing options and rehabilitation programs that can influence sentencing outcomes. These programs focus on treatment and accountability rather than avoiding conviction entirely.
Available Programs:
- Intensive probation supervision
- Electronic home monitoring
- Work release programs
- Residential treatment programs
- Community service alternatives
Refusing a Chemical Test Under Minnesota DWI Law
Minnesota operates under an implied consent law, meaning that by driving in the state, you automatically consent to chemical testing if arrested for DWI. Refusing a test carries separate administrative penalties that are independent of any criminal charges.
Test Refusal Consequences:
- Immediate license revocation
- Enhanced criminal penalties if convicted
- Ineligibility for certain restricted licenses
- Potential use of refusal as evidence in court
DWI Penalties & Consequences
Penalties for DWI Offenses in Minnesota
Minnesota imposes escalating penalties for DWI convictions at each degree level. These consequences are enhanced by aggravating factors. The state’s comprehensive penalty structure includes fines, jail time, license suspension, and mandatory program participation.
Fourth Degree
Classification: Misdemeanor
Jail Time: Up to 90 days
Fines: Up to $1,000
License Suspension: 30-90 day suspension
Third Degree
Classification: Gross Misdemeanor
Jail Time: Up to 1 year
Fines: Up to $3,000
License Suspension: 90 days – 1 year
Second Degree
Classification: Gross Misdemeanor
Jail Time: Up to 1 year
Fines: Up to $3,000
License Suspension: 1 year minimum
First Degree
Classification: Felony
Jail Time: Up to 7 years
Fines: Up to $14,000
License Suspension: Up to $14,000
Aggravating Factors That Increase Minnesota DWI Penalties
Minnesota law identifies specific aggravating factors that can elevate DWI charges to higher degrees and increase penalties. These factors are carefully defined in state statutes and significantly impact both criminal and administrative consequences.
Aggravating Factors Include:
- BAC of 0.16 or higher
- Having a child under 16 in the vehicle
- Prior impaired driving convictions within 10 years
- Refusing to submit to chemical testing
- Driving with a cancelled, suspended, or revoked license
Driving Without a Valid License
Driving with a suspended license in Minnesota is a serious offense that can significantly complicate your legal situation. If you are caught driving while your license is suspended for a DWI, you could face additional criminal charges and extended suspension periods.
Consequences Include:
- Misdemeanor or gross misdemeanor charges
- Additional license suspension time
- Possible jail time
- Substantial fines
- Vehicle forfeiture in some cases
- Enhanced penalties for future violations
License Suspension
Who Determines if You Can Continue Driving After a DWI
In Minnesota, two separate entities determine your driving privileges after a DWI arrest, and both processes operate independently with different timelines and requirements.
Minnesota Driver and Vehicle Services (DVS)
Handles administrative license revocation based on test failure (BAC over the legal limit) or test refusal. This process is separate from court proceedings and begins immediately after arrest.
Minnesota Courts
As part of criminal sentencing, the court may impose additional license suspension or restrictions beyond what DVS has already administered.
The administrative revocation through DVS occurs independently of your criminal case. You could have your license revoked even if your criminal DWI charges are later reduced or dismissed.
How Long Will Your License Be Suspended?
License suspension periods in Minnesota vary based on your offense degree, prior history, and whether you refused chemical testing. The state maintains minimum suspension periods that increase substantially for repeat offenses.
| Offense Type | Standard DWI | Test Refusal | High BAC (0.16+) |
| First Offense | 30-90 days | 1 year | 90 days |
| Second Offense | 1 year | 2 years | 1 year |
| Third+ Offense | 2-4 years | 2-4 years | 2-4 years |
Steps to Reinstate Your License
To reinstate your driver’s license after a DWI suspension in Minnesota, you must complete all requirements set by both DVS and the court system.
- Serve your full suspension or revocation period
- Pay reinstatement fees to Minnesota DVS
- Complete required chemical dependency assessment
- Install ignition interlock device if mandated
- Pass written and/or road tests if required
- Complete any court-ordered programs
Restoring Your Driving Privileges
Eligibility for a Restricted Driver’s License
Minnesota offers limited license options for certain DWI convictions. Drivers must meet specific eligibility requirements. These restricted licenses allow essential driving for work, education, and treatment purposes while serving suspension periods.
To qualify, you generally must:
- Have served a portion of your suspension period
- Have no other disqualifying violations
- Install an ignition interlock device
- Provide proof of insurance
- Pay applicable fees
- Demonstrate legitimate need for driving privileges
How to Apply for Temporary Restricted Driver’s License
To apply for a restricted driver’s license in Minnesota, you must complete a comprehensive application process through Minnesota DVS that includes multiple requirements and documentation.
- Install IID on your vehicle through approved provider
- Submit insurance documentation
- Provide employment or education verification
- Complete substance abuse assessment if required
- Submit application to Minnesota DVS with fees
- Await approval and comply with all restrictions
Minnesota Ignition Interlock Device (IID) Program
Minnesota operates a comprehensive ignition interlock program for people with a DWI conviction. Requirements vary based on the offense degree and individual circumstances. The program is designed to enable safe driving while preventing impaired operation.
IID Requirements:
- Mandatory for many second and subsequent offenses
- Required for high BAC first offenses in some cases
- Must be installed by state-approved providers
- Regular monitoring and calibration required
- Violation consequences include program extension
| Offense Level | IID Requirement | Duration |
| First | Mandatory | 3-6 years |
| Second | Mandatory | 1-2 years |
| Third | 2-May be required | 90 days – 1 year |
| Fourth | Rarely required | N/A |
Selecting the right ignition interlock provider can make a world of difference.
SR-22 Insurance Requirements
If you’ve been charged with a DWI in Minnesota, you won’t need to file an SR-22 form like in some other states. Instead, Minnesota requires you to submit a certificate of insurance from your provider to the Department of Public Safety to prove you carry at least the state’s minimum auto liability coverage. This process applies whether you own a vehicle or not, and you may need to participate in the ignition interlock program for certain offenses.
Let us help connect you to the right licensed insurance specialist for you.
Substance Abuse Evaluation and Treatment
Minnesota requires comprehensive substance abuse evaluations for most people with a DWI conviction. The state maintains a network of approved providers who conduct assessments and deliver treatment services.
Evaluation Process:
- Must be conducted by Minnesota-approved assessor
- Comprehensive review of alcohol and drug use patterns
- Treatment recommendations based on assessment results
- Integration with court sentencing and DVS requirements
Understand what to expect and how to prepare for a substance abuse evaluation.
Frequently Asked Questions
How much does a DWI cost in Minnesota?
The total cost of a DWI in Minnesota can range from $3,000 to $15,000 or more, depending on the degree of the offense. This includes court fines, attorney fees, license reinstatement fees, ignition interlock device costs, substance abuse evaluation and treatment, increased insurance premiums, and other associated expenses.
Can I get a restricted driver’s license after a DWI in Minnesota?
Minnesota may allow restricted driving privileges for work purposes after serving a portion of your suspension period. You must install an ignition interlock device, provide proof of insurance, demonstrate legitimate need, and meet other eligibility requirements through the Minnesota DVS.
How long does a DWI stay on your record in Minnesota?
A DWI conviction remains on your criminal record permanently in Minnesota. For purposes of enhanced penalties, In May of 2025, Minnesota passed for prior impaired driving incidents from 10 to 20 years. The conviction will also remain on your driving record and can affect insurance rates for many years.
Sources
- Minnesota Department of Public Safety. (2025). Minnesota DWI Laws. Retrieved from https://dps.mn.gov/divisions/ots/safe-driving-information-and-laws/traffic-safety-laws/impaired-driving-laws
- Minnesota Revisor of Statutes. (2025). Chapter 169A – DWI Laws. Retrieved from https://www.revisor.mn.gov/statutes/cite/169A
- Minnesota Driver and Vehicle Services. (2025). Ignition Interlock Program. Retrieved from https://dps.mn.gov/divisions/dvs/license-and-id/ignition-interlock-device-program-iidp
- FindLaw. (2025). Minnesota DUI Laws. Retrieved from https://www.findlaw.com/state/minnesota-law/what-are-the-minnesota-dwi-laws.html
- National College for DUI Defense. (2025). Minnesota DWI Laws. Retrieved from https://www.ncdd.com/minnesota-dwi-laws
- Minnesota Department of Health. (2025). DWI Information. Retrieved from https://www.health.state.mn.us/communities/alcohol/basics/impaireddriving.html
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