What Is a DWI in Minnesota? The Law Explained

How Minnesota Defines the DWI Crime

Under Minnesota's core DWI statute (Minn. Stat. § 169A.20), it's a crime to drive, operate, or be in physical control of a motor vehicle when any of the following apply:

• You are under the influence of alcohol;
• You are under the influence of a controlled substance;
• You are knowingly under the influence of an intoxicating or hazardous substance that impairs your ability to drive;
• You are under the influence of a combination of the above;
• Your alcohol concentration is 0.08% or more — at the time, or within two hours of driving (the "per se" limit);
• You are operating a commercial vehicle at 0.04% or more;
• Your body contains any amount of a Schedule I or II controlled substance (or its metabolite) — other than cannabis/THC; or
• You are under the influence of cannabis or THC products.

Two independent paths to a conviction are worth highlighting: the "under the influence" route (your ability to drive was actually impaired) and the "per se" route (your alcohol concentration was 0.08% or more, whether or not you appeared impaired). The state can pursue either or both.

Note the "Physical Control" Reach

You don't have to be driving. The law covers being in "physical control" of a vehicle — so you can be charged even if the car was parked, for example if you were sitting or sleeping in it with access to the keys. (See our page on DWI arrests and physical control.)

How Cannabis Is Treated

This is a common and important question since cannabis became legal for adults in Minnesota. The key points:

• There is no "per se" THC limit. Unlike alcohol's 0.08% line, Minnesota has not set a number for THC.
• Mere presence of THC is not a crime. For cannabis, the state must prove you were actually under the influence — that your ability to drive was impaired. (By contrast, for other Schedule I/II drugs, any amount in your system can be enough.)
• Legal use is not a defense. Cannabis being legal to use doesn't make it legal to drive while impaired by it.

What this means for you: Cannabis DWI cases turn on proof of impairment, not a test number — which makes them genuinely contestable, often turning on driving conduct, officer observations, and drug-recognition evaluations rather than a clean chemical threshold.

What Counts as a "Motor Vehicle"

The definition is broad. A motor vehicle is essentially any self-propelled vehicle — and Minnesota courts have applied the DWI law well beyond ordinary cars:

• It can include vehicles not meant for the highway (a bulldozer operated on private property has qualified).
• It extends to boats, snowmobiles, ATVs, and other recreational vehicles (see our page on DWI for boats, snowmobiles, ATVs, and aircraft).
• It applies on both private and public property anywhere in the state.
• It generally does not include devices moved solely by human power, or mobility devices like a wheelchair/scooter used in place of walking.

The Degrees of DWI

Every DWI is charged in one of four degrees — from a fourth-degree misdemeanor up to a first-degree felony — based on aggravating factors like prior offenses, a high alcohol concentration, or a child in the vehicle. The degree determines the penalties. (See our detailed page on DWI penalties and degrees.)

Test Refusal Is Its Own Crime

Refusing a chemical test can itself be a crime — but the rules now depend on the test type (refusing a breath test is a crime; blood and urine generally require a warrant). This is covered in detail on our DWI chemical-testing page.

The Necessity Defense

In narrow circumstances, a driver may raise a necessity defense — essentially, that driving while impaired was justified to avoid a greater, imminent harm. It's a demanding defense with a real threshold to meet, and importantly, Minnesota courts have held it is not available in the civil implied-consent license proceeding (only potentially in the criminal case). It applies only in unusual situations and requires a strong factual showing.

How a DWI Is Charged

DWI charges can be initiated a few different ways:

• Citation — less common now, but used in some situations (for example, when a driver is hospitalized);
• Tab charge — a short charging document often used at the jail at the time of arrest; and
• Complaint — a formal charging document, required within set timeframes (shorter when a person is in custody).

When blood or urine was taken, the driver is often initially charged with the "under the influence" offense, and the prosecutor may add charges (such as a 0.08-or-more count) after the BCA lab results come back. (For the full case timeline, see our Minnesota criminal court process guide.)

Key Terms

• Under the influence: Actual impairment of the ability to drive — one route to a DWI.
• Per se (0.08%): An alcohol concentration that is illegal by itself, regardless of apparent impairment.
• Physical control: Enough control over a vehicle to be charged even when parked.
• Degree: The 1st–4th classification that sets the penalty level.
• Tab charge / complaint: Documents used to bring a DWI charge.