Minnesota · DWI · Checked October 2026

Minnesota DWI Penalties: First, Second and Third Offense

Minnesota DWI Penalties: What Are the Rules?

Minnesota sets DWI penalties by offense, and they rise with each conviction.

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
Lookback period: 10 years

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

Minnesota DWI Penalties by Offense

DWI penalties in Minnesota
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

Other First Offense Penalties in Minnesota

fourth-degree DWI applies when no aggravating factor is present

Official source: other first offense penalties (Minnesota)

Other Second Offense Penalties in Minnesota

a prior incident within 10 years is an aggravating factor
court must order the level of care recommended in the substance use disorder assessment
the court may depart from the mandatory minimum for substantial mitigating factors

Official source: other second offense penalties (Minnesota)

Other Third Offense Penalties in Minnesota

two priors within 10 years count as two aggravating factors
up to 60 days of the minimum may be served on home detention or intensive probation
court must order the level of care recommended in the substance use disorder assessment

Official source: other third offense penalties (Minnesota)

When Penalties Are Higher in Minnesota

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 privileges
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)
two or more aggravating factors present: second-degree DWI, a gross misdemeanor

Official source: when penalties are higher (Minnesota)

When a DWI Is 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 $14,000Minn. Stat. § 169A.24

Official source: when a dwi is a felony (Minnesota)

How Far Back Prior Offenses Count in Minnesota

10 years. prior impaired driving incidents (convictions and alcohol-related license revocations) within 10 years raise the criminal degree and mandatory minimums; license revocation periods and interlock terms look back 20 yearsMinn. Stat. §§ 169A.03 subds. 3 and 22, 169A.275, 171.178

Official source: how far back prior offenses count (Minnesota)

More on DWI Law in Minnesota

See the full overview of DWI laws in Minnesota and read about first-offense DUI penalties across the states.

This page summarizes Minnesota law from official sources, checked October 2026. It isn't legal advice; 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.

What Is the Penalty for a Second DWI in Minnesota?

Jail: 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. Fine: up to $3,000. License suspension: revoked until you complete substance use disorder treatment and use an ignition interlock for at least 2 years (one prior incident within 20 years).

When Is a DWI a Felony in Minnesota?