MN-state-flag

Minnesota DUI/DWI Laws

Click your County to find your FORMER PROSECUTOR Now!

Quick Overview of Penalties for DUI/DWI

  • BAC Percentage for Increased (Aggravated) Penalty – .20
  • License Suspension for 1st Offense – Yes
  • Limited Driving Privileges During Suspension – Yes
  • Ignition Interlock – Mandatory for BAC and repeat convictions
  • Vehicle and License Plate Sanctions – Yes – Vehicle Impoundment and Confiscation

General State Information

  • State Penal Code – MN Statute 169A
  • Open Container Laws – Yes
  • Repeat Offender Laws – None
  • Check Points – None (illegal under state law)
  • Alcohol Exclusion Laws Limiting Treatment – Yes

Understanding DUI/DWI Penalties

There are four main factors that determine the severity of the penalties incurred:

  1. The age of the driver
  2. The substance impairing you. This may be drugs, or alcohol, or both
  3. The category of your driver’s license (Restricted, CDL)
  4. Whether you refused a chemical test

Chemical Test Refusal

Every state has some variation of implied consent law. This law states that if you are arrested by an officer who has probable cause to believe you have been driving under the influence, then you must consent to taking a chemical test. This test can include blood, breath, urine, or saliva in order to determine your BAC (blood alcohol content), and/or if any other substances are in your system.

 

– Every state has some version of the “Implied Consent” law

– This law carries serious consequences for refusing a chemical test

– The penalties for refusing a chemical test in Minnesota are:

 

1st Refusal

2nd Refusal

3rd Refusal

Lookback Period

Minnesota has a lifetime lookback period
Any prior conviction for DUI/DWI can be factored in when determining penalties

Zero Tolerance

  • Drivers under 21 with a BAC of .01% or more will be charged with DUI/DWI
  • A BAC of .08% and above will result in the same penalties as drivers 21 and over

Penalties for Underage Drivers (under 21)

1st Offense

  • 30 day license suspension

 

2nd Offense

  • 180 day license suspension

 

DUI/DWI Penalties/Alcohol/Drug related (Non-Aggravated)

1st Offense

  • license revocation (90 day minimum, 1 year maximum)
  • $1000 fine

 

2nd Offense

  • license revocation (1 year minimum, 2 year maximum)
  • $1000 fine

DUI/DWI Penalties/Alcohol/Drug related (Aggravated)

1st Offense

  • $3000 fine (maximum)

 

2nd Offense

  • $3000 fine (maximum)

CDL Drivers (Commercial)

  • Those with a commercial driver’s license (CDL) are held to a stricter standard
  • Accordingly, their BAC threshold is significantly lower (0.04%), and the penalties incurred are often much more severe.
  • An initial DUI conviction in a passenger or commercial vehicle will result in a one year CDL revocation.
  • A second DUI conviction in a passenger or commercial vehicle will result in a permanently revoked CDL.

Wet Reckess

  • Wet Reckless is a general term that refers to a plea bargain that may reduce the severity of the charge against you
  • Minnesota does allow for plea bargains in DUI/DWI cases
  • It can only be pleaded down to reckless driving
  • This allows you to avoid a criminal record
  • Any subsequent DUI/DWI arrests within the look-back period will reverse the original plea bargain
  • The reckless driving will revert back to a full DUI/DWI conviction and lead to enhanced penalties in this case
  • This plea bargain is typically only allowed for first time offenders with no aggravating factors involved