Minnesota · DWI · Checked October 2026

DWI Laws in Minnesota

What Happens if You Get a DWI in Minnesota?

Minnesota calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

License hearing deadline: 60 days to challenge your license suspension
First offense jail: Up to 90 days
First offense fine: Up to $1,000
First offense license: Revocation of at least 90 days after a failed test (at least 1 year if the test is twice the legal limit or more; at least 180 days if under 21 and below twice the limit); at least 30 days on conviction
Felony: First-degree DWI: a DWI within 10 years of the first of three or more prior impaired driving incidents (a fourth in 10 years), or any DWI after a prior felony DWI or felony criminal vehicular homicide or injury conviction; up to 7 years in prison and/or a fine up to $14,000

Researched and checked by the DUI Help Editorial Team ·October 3, 2026

Minnesota DWI Laws: Key Facts

Legal limit (adults): 0.08 BACMinn. Stat. § 169A.20, subd. 1(5)-(6); § 169A.03, subd. 3(2); § 169A.33, subd. 2
Commercial drivers (CDL): 0.04 BAC
Drivers under 21: 0 BAC (any physical evidence of alcohol consumption in the body)
Enhanced penalties from: 0.16 BAC
Lookback period: 10 years

Minnesota DWI Penalties by Offense

DWI penalties in Minnesota for a first, second and third offense
Penalty	First offense	Second offense	Third offense
Charge	misdemeanor (fourth-degree DWI)	gross misdemeanor (third-degree DWI when the prior is the only aggravating factor)	gross misdemeanor (second-degree DWI)
Jail	up to 90 days	up to 364 days, with a mandatory minimum of 30 days (at least 48 hours in jail) or 8 hours of community work service for each day less than 30 served	up to 364 days, with a mandatory minimum of 90 days (at least 30 consecutive days in jail) or intensive supervision with at least 6 consecutive days in jail
Fine	up to $1,000	up to $3,000	up to $3,000
License suspension	revocation of at least 90 days after a failed test (at least 1 year if the test is twice the legal limit or more; at least 180 days if under 21 and below twice the limit); at least 30 days on conviction	revoked until you complete substance use disorder treatment and use an ignition interlock for at least 2 years (one prior incident within 20 years)	license canceled and denied as inimical to public safety; reinstatement requires rehabilitation, treatment and at least 6 years of ignition interlock
Ignition interlock	with a test of twice the legal limit or more, you must use an ignition interlock to regain driving privileges or go at least 1 year without a license	required for at least 2 years to regain full driving privileges	required for at least 6 years to regain full driving privileges

First offense: Minn. Stat. §§ 169A.27, 609.02 subd. 3, 171.178 subds. 4-5 · Second offense: Minn. Stat. §§ 169A.26, 169A.275 subds. 1 and 5, 609.03, 171.178 subds. 4-5 and 8 · Third offense: Minn. Stat. §§ 169A.25, 169A.275 subd. 2, 609.03, 171.178 subds. 7-8

When Penalties Are Higher

alcohol concentration of 0.16 or more: an aggravating factor: raises a first offense to third-degree DWI (gross misdemeanor); license revocation of at least 1 year, and you must use an ignition interlock to regain driving privilegesMinn. Stat. §§ 169A.03 subd. 3(2), 169A.26, 171.178 subd. 4(1)(iii)
a child under 16 in the vehicle, if the child is more than 36 months younger than the driver: an aggravating factor: raises the offense one degree (third-degree DWI, a gross misdemeanor, when it is the only factor)Minn. Stat. §§ 169A.03 subd. 3(3), 169A.26
two or more aggravating factors present: second-degree DWI, a gross misdemeanorMinn. Stat. § 169A.25

More on Minnesota DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

refusing a breath test, or a blood or urine test under a search warrant, is itself a crime (third-degree DWI, a gross misdemeanor; second-degree with an aggravating factor) and brings license revocation of at least 1 year, or revocation until interlock compliance with a prior incidentMinn. Stat. §§ 169A.20 subd. 2, 169A.26, 169A.25, 171.178 subd. 3

Official source: if you refuse a breath or blood test in Minnesota

Getting a Limited License

Not issued for the first 15 days after a first-violation DWI or implied consent revocation. The Department of Public Safety says a DWI or implied consent limited license is available for a first offense on record, or a second with the first more than 10 years old, only if you tested 0.15 or below or refused the test. Only one limited license is allowed in a 24-month period. Driving is limited to purposes such as work, school and treatment. The ignition interlock program is the other route back to legal driving.

Official source: getting a limited license in Minnesota

Ignition Interlock

First offense: required to regain driving privileges after a first offense at 0.16 or more (otherwise at least 1 year without a license) Repeat offenses: at least 2 years with one prior within 20 years, 6 years with two priors, 10 years with three or more Full privileges are not reinstated until treatment is complete and the device has registered no breath alcohol of 0.02 or higher in the preceding 90 days. Participants must be at least 18.

Official source: ignition interlock in Minnesota

Can a DWI Come Off Your Record?

DWI convictions are excluded from automatic expungement; a court petition for sealing is available Waiting period: 2 years after discharge of the sentence for a misdemeanor, 3 years for a gross misdemeanor, with no new conviction Fourth-, third- and second-degree DWI are listed as exceptions to automatic expungement under section 609A.015. A petition under section 609A.03 may seek sealing once the waiting period passes without a new conviction.

Official source: can a dwi come off your record? in Minnesota

Drivers Under 21

drivers under 21 may not drive while drinking or with any physical evidence of alcohol consumption in the body misdemeanor; 30-day license suspension, or 180 days for a repeat violation. If the conduct also violates the DWI law, DWI penalties apply instead

Official source: drivers under 21 in Minnesota

Driving After Using Drugs

Yes. The DWI statute covers being under the influence of a controlled substance, an intoxicating substance, or cannabis and hemp products, and driving with any amount of a Schedule I or II controlled substance or its metabolite (other than cannabis and THC products) in the body.

Official source: driving after using drugs in Minnesota

More on DWI Law in Minnesota

For the state's own guidance, see Minnesota Department of Public Safety, Office of Traffic Safety: Impaired driving laws.

This page summarizes Minnesota law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in Minnesota can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in Minnesota?

Jail: up to 90 days. Fine: up to $1,000. License suspension: revocation of at least 90 days after a failed test (at least 1 year if the test is twice the legal limit or more; at least 180 days if under 21 and below twice the limit); at least 30 days on conviction.

How Long Do You Have to Request a License Hearing in Minnesota?

60 days. How it is counted: receipt of the notice and order of revocation (a mailed notice is deemed received 3 days after mailing). File a petition for judicial review with the district court administrator in the county where the offense occurred, with proof of service on the commissioner and the civil filing fee; administrative review by the commissioner can also be requested in writing at any time during the revocation. If you miss it, the suspension usually takes effect automatically.

When Is a DWI a Felony in Minnesota?

first-degree DWI: a DWI within 10 years of the first of three or more prior impaired driving incidents (a fourth in 10 years), or any DWI after a prior felony DWI or felony criminal vehicular homicide or injury conviction; up to 7 years in prison and/or a fine up to $14,000