Minnesota DWI penalties depend on two things: how many qualified prior impaired driving incidents you have, and whether an aggravating factor was present, such as a test result of 0.16 or more or a child in the vehicle. The charts below show which degree applies, the mandatory sentences, release conditions, license consequences, plate impoundment, and vehicle forfeiture, with the statute behind each.
One thing catches many people off guard. The criminal case looks back 10 years for prior incidents, but since August 2025 the driver's license rules look back 20 years. A prior that no longer raises the criminal degree can still lengthen your license revocation.
Chart 1: Minnesota DWI criminal penalties at a glance
Find the row for your prior offenses within the last 10 years, then the test result or factor that applies. Read across for the charge, the maximum penalty, what it takes to be released before trial, any mandatory minimum sentence, and whether plates or the vehicle can be taken.
| Offense within 10 years | Test result or factor | Charge | Maximum penalty | Release before trial (169A.44) | Mandatory minimum (169A.275, 169A.276) | Plates impounded (169A.60) | Vehicle forfeiture (169A.63) |
|---|---|---|---|---|---|---|---|
| Driver under 21 | Any alcohol, below DWI level | Underage drinking and driving (misdemeanor) | 90 days, $1,000 | No conditions | None | No | No |
| First | 0.08 to 0.15 | 4th degree (misdemeanor) | 90 days, $1,000 | No conditions | None | No | No |
| 0.16 or more | 3rd degree (gross misdemeanor) | 364 days, $3,000 | Conditions required* | Yes | |||
| Under 0.16 with child in vehicle | 3rd degree (gross misdemeanor) | 364 days, $3,000 | Conditions required* | Yes | |||
| Test refusal | 3rd degree (gross misdemeanor) | 364 days, $3,000 | Only if under 19 | No | |||
| 0.16 or more with child in vehicle | 2nd degree (gross misdemeanor) | 364 days, $3,000 | Conditions required* | Yes | |||
| Test refusal with child in vehicle | 2nd degree (gross misdemeanor) | 364 days, $3,000 | Conditions required* | Yes | |||
| Second | 0.08 to 0.15 | 3rd degree (gross misdemeanor) | 364 days, $3,000 | Only if under 19 | 30 days, with at least 48 hours in jail; 8 hours of community work service can replace each remaining day | Yes | No |
| 0.16 or more, child in vehicle, or test refusal | 2nd degree (gross misdemeanor) | 364 days, $3,000 | Conditions required* | ||||
| Third | Any test result or refusal | 2nd degree (gross misdemeanor) | 364 days, $3,000 | Conditions required* | 90 days, with 30 consecutive in jail; or intensive supervision with 6 consecutive days in jail. Plus 30 days of alcohol monitoring each year of probation. | Yes | Yes |
| Fourth, or any prior felony DWI or felony criminal vehicular operation | Any test result or refusal | 1st degree (felony) | 7 years, $14,000 | Conditions required, plus plate impoundment, weekly reporting, and random testing; held until first court appearance | Prison of at least 3 years, which the court may stay. If stayed: 180 days, with 30 consecutive in jail. 5 years of conditional release after any prison term. | Yes | Yes |
| Fifth or later | Any test result or refusal | 1st degree (felony) | 7 years, $14,000 | Same as fourth | Prison of at least 3 years, which the court may stay. If stayed: 1 year, with 60 consecutive in jail. 5 years of conditional release after any prison term. | Yes | Yes |
* Conditions required means release before trial requires abstaining from alcohol and electronic alcohol monitoring (ignition interlock can replace the monitoring), unless the person posts maximum bail. A driver under 21 with 0.08 or more is charged under the DWI rows, not the underage row.
How the charge is set
The degree depends on the number of aggravating factors: a qualified prior impaired driving incident within the past 10 years (each prior counts separately), a test result of 0.16 or more, or a child under 16 in the vehicle who is more than 36 months younger than the driver. Second degree applies when two or more aggravating factors are present. A test refusal is not an aggravating factor; it is its own crime. A refusal with no aggravating factor is third degree, and a refusal with one aggravating factor is second degree.
Mandatory minimum jail terms start with a second offense within 10 years, which is always charged as at least third degree. A first offense has no mandatory minimum, even when a 0.16 test or a child in the vehicle makes it third or second degree. A court may also add a penalty assessment of up to $1,000 when the test result was 0.16 or more.
Notes on Chart 1
- Ignition interlock can replace the mandatory sentence. A judge is not required to impose the nonfelony mandatory minimums if the person must drive only vehicles with an ignition interlock device as a condition of probation.
- Second-offense minimum departures. A judge may depart for substantial mitigating factors, but must still impose at least 48 hours in jail or 80 hours of community work service.
- Long-term monitoring. On a stayed sentence, a person convicted within 10 years of the first of two or more prior DWI convictions must do at least 30 consecutive days of electronic alcohol monitoring each year of probation, where equipment is available. This also applies to a driver under 19 with any prior DWI conviction.
- Plates on a second offense are impounded when the second offense results in a license revocation, which a test failure, a refusal, or a conviction will.
- Forfeiture can happen without a conviction. A vehicle can also be forfeited based on a license revocation when the driver has two or more prior incidents in 10 years. Becoming an ignition interlock participant can stay a forfeiture, except in first-degree cases.
Chart 2: Driver's license revocation
The license case runs separately from the criminal case and starts at arrest. These periods use a 20-year lookback.
| Prior incidents | Test refusal | Test failure | After a DWI conviction |
|---|---|---|---|
| None in 20 years | At least 1 year | At least 90 days; 180 days if under 21 and under 0.16; 1 year if 0.16 or more | At least 30 days; 90 days if convicted of refusal; 180 days if under 21 and under 0.16; 1 year if 0.16 or more |
| One in 20 years | Revoked until 2 years of compliant ignition interlock use, plus completing licensed substance use disorder treatment | ||
| Two | Revoked until 6 years of compliant ignition interlock use, plus treatment. A conviction also triggers cancellation of the license until rehabilitation is shown. | ||
| Three or more | Revoked until 10 years of compliant ignition interlock use, plus treatment, with cancellation until rehabilitation is shown | ||
Notes on Chart 2
- When the offense caused injury or death, at least 90 more days are added to the conviction-based periods for a first incident.
- For two or more prior incidents, the statute does not limit the count to the past 20 years.
- A positive interlock reading of 0.02 or more, or a later alcohol-related conviction, can extend the interlock period.
- A plate impoundment or forfeiture notice comes with a 60-day window to ask a court to review it.
Drivers under 21
It is a misdemeanor for a driver under 21 to drive after drinking any amount of alcohol while there is physical evidence of it in the body. The license is suspended for 30 days, or 180 days for a second violation. If the driving also amounts to a DWI, the DWI penalties apply instead.
What this chart can't tell you
Charts like this show the rules, not how they apply to you. Whether an old offense counts as a qualified prior, how the 10- and 20-year windows are measured, whether a test result can be challenged, and whether the state can prove an aggravating factor all change the answer. Those questions decide many DWI cases.
Key Terms
- Qualified prior impaired driving incident: A prior DWI conviction or impaired-driving license revocation.
- Aggravating factor: A prior incident within 10 years, a test result of 0.16 or more, or a child under 16 in the vehicle.
- Plate impoundment: Seizure of a vehicle's plates, often called whiskey plates when special plates are issued in their place.
- Ignition interlock: A breath-testing device that prevents the vehicle from starting if alcohol is detected.
- Staggered sentencing: Jail time served in segments over three or more years, with later segments possibly stayed for compliance.
Updated May 18, 2026 · Law verified as of October 11, 2026 (2025 Minnesota Statutes as amended by 2026 Laws ch. 97). This article is general information about Minnesota law, not legal advice.
Frequently Asked Questions
Is a first DWI a misdemeanor in Minnesota?
Usually. A first DWI with a test under 0.16 and no child in the vehicle is a fourth-degree misdemeanor. A test result of 0.16 or more, a child in the vehicle, or a test refusal raises it to a gross misdemeanor.
When does a DWI become a felony in Minnesota?
A DWI is a first-degree felony on a fourth offense within 10 years, or for anyone with a prior felony DWI or felony criminal vehicular operation.
Will I lose my license plates after a DWI?
Plates are impounded for a second offense within 10 years, a test result of 0.16 or more, or a child in the vehicle. A first offense below 0.16 with no child does not trigger impoundment.
Can my car be forfeited after a DWI?
Forfeiture applies to a third or later offense within 10 years and to first-degree DWI. It can also follow a license revocation when you have two or more prior incidents in 10 years.
How long will my license be revoked?
With no prior incidents in 20 years, at least 90 days for a test failure and at least 1 year for a refusal or a test of 0.16 or more. With a prior incident, getting your license back requires years of ignition interlock use and completing treatment.
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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.