- 60-day deadline to challenge a license revocation.
- Two cases criminal charge and license case run separately.
- 20-year look-back prior offenses count further back as of 2025.
If you have been arrested for DWI in Minnesota, you are facing two separate cases at once: the criminal charge and the implied consent license case. They move on different tracks, and one deadline is easy to miss.
The 60-day deadline people miss
Under Minnesota implied consent law (Minn. Stat. Section 169A.53), you generally have 60 days to petition for judicial review of a license revocation, or it can stand automatically. The license issue is one of the first things Keil Defense reviews after a DWI arrest.
How Minnesota charges DWI
Minnesota grades DWI by degree based on aggravating factors such as prior incidents, test refusal, a child in the vehicle, or a high alcohol concentration. The 2025 change extending the look-back period from 10 to 20 years makes prior-record analysis especially important.
Vehicle forfeiture
In more serious DWI cases, the State may seek vehicle forfeiture through a separate proceeding with its own rules and deadlines.
What is at stake
- Criminal charge, jail, fines, probation, and record consequences
- Implied consent license revocation on a separate timeline
- Ignition interlock, limited license, and employment driving issues
- Vehicle forfeiture risk in more serious cases
What the defense examines
- The 60-day deadline to petition for judicial review of a license revocation
- Whether the stop, seizure, and investigation were lawful
- Field sobriety testing, body camera, and officer reports
- Breath, blood, urine, calibration, maintenance, and toxicology records
- Aggravating factors, prior incidents, and the current 20-year look-back period
Updated May 18, 2026 · Law verified as of May 18, 2026. This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
Will I lose my license after a Minnesota DWI?
A revocation can begin quickly, and deadlines may apply. A lawyer can evaluate the implied consent timeline and available challenges.
Should I plead guilty at the first appearance?
No decision should be made without reviewing discovery, license issues, criminal history, and possible defenses.
What is implied consent?
Implied consent is the Minnesota legal framework tied to chemical testing and driver's license consequences after an impaired driving arrest.
Can the State really take my car?
In more serious DWI cases, vehicle forfeiture can be a real possibility. It is separate from the criminal case and should be reviewed quickly if a vehicle has been seized.
Will I go to jail for a first DWI in Minnesota?
It depends on the facts of the case, and jail is not automatic. A first-time DWI with no aggravating factors is generally charged as fourth-degree DWI, a misdemeanor. Whether any jail is imposed, and how much, turns on factors like the alcohol concentration, whether anyone was endangered, the specific court and prosecutor, and how the case is handled. Many first-time cases are resolved without jail, and there are often options - from challenging the stop or the testing to negotiating the charge - that can affect the outcome. No lawyer can promise a result, but the earlier a case is reviewed, the more options there usually are.
Will a DWI affect my job?
It can, and it depends on your job and your situation. A DWI can affect employment through license consequences, professional-license or employer reporting requirements, background checks, and separate stricter consequences for commercial drivers. Because a DWI is really two cases at once - the criminal case and the driver's-license case - both sides can matter for your job, and both have deadlines.
Will a DWI affect my car insurance?
It often does. A DWI on your record commonly raises auto insurance rates significantly, and that increase can last for years - frequently one of the largest long-term costs of a DWI, even though it never appears on a court invoice. The exact effect depends on your insurer and record.
How long does a DWI stay on your record in Minnesota?
In Minnesota, a DWI conviction generally stays on your criminal record unless it is expunged, and it also appears on your driving record separately. Prior impaired-driving incidents can affect a later DWI through enhancement and license rules, and recent Minnesota changes expanded the look-back period in some DWI contexts. Expungement may be possible for some cases, but the record, the enhancement rules, and the license consequences are separate questions.
Is a DWI a felony in Minnesota?
Usually not. Most DWIs are misdemeanors or gross misdemeanors. A DWI is charged as a first-degree offense - a felony - generally when a person has enough qualifying prior impaired-driving incidents or has a prior felony DWI or felony criminal-vehicular offense. The degree of any DWI depends on aggravating factors and prior history.
What is the difference between a DUI and a DWI in Minnesota?
In Minnesota, they refer to the same thing. DWI, meaning driving while impaired, is the term used in Minnesota law. DUI is the common term used in many other states and in everyday speech. If you were arrested for what you think of as a DUI in Minnesota, it is charged as a DWI.
Can I get a limited license or work permit after a DWI?
Often, yes, depending on the circumstances. Minnesota has options that may allow driving during a revocation, including a limited license for essential purposes in some cases and the ignition interlock program in others. Eligibility depends on the offense, your history, and the license status. Because the license side has its own strict deadlines, it is worth addressing early.
Can a DWI be expunged in Minnesota?
Sometimes. Minnesota law allows certain misdemeanor and gross-misdemeanor offenses, including some DWIs, to be expunged after the sentence is complete and a waiting period has passed with no new offenses. Expungement seals the record rather than destroying it, and whether it is available depends on the charge, the outcome, and your specific record.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.