If you are convicted of driving while intoxicated (DWI) in the state of Minnesota, the law allows for the judge to impose stiff criminal penalties. The criminal penalties imposed are tiered depending on whether it is your first, second, third, or fourth offense within a 10 year period. In other words, the penalty will be more severe if you have prior DWI convictions on your record. A stiffer penalty may also be imposed if there are certain aggravating factors.

The following is a itemized summary of the criminal penalties that may be imposed in Minnesota for DWI:

1. First Offense

– This is considered a misdemeanor.
– This is considered a fourth degree DWI.
– Up to 90 days jail time.
– $1000 dollar fine.

2. Second Offense Within a Ten Year Period

– This is considered a gross misdemeanor.
– This is considered a third degree DWI.
– Up to one year of jail time.
– $3000 dollar fine.

3. Third Offense Within a Ten Year Period

– This is considered a gross misdemeanor.
– This is considered a second degree DWI.
– Penalties can be greater than a third degree offense and less than a first degree offense.

4. Fourth Offense Within a Ten Year Period

– This is considered a felony.
– This is considered a first degree DWI.
– Up to 7 years in prison.
– $14000 dollar fine.

Aggravating factors that could result in a stiffer maximum penalty include the following:

– Driving while impaired with a child in the vehicle who is under the age of 16 and more than 3 years younger.

– An blood alcohol level of 0.20 or more when arrested. This applies only to second, third, and fourth degree offenses, not first degree offenses.

– Prior impaired driving incidents including both convictions and loss of your driver’s license.

It should also be noted that the State of Minnesota considers all licensed drivers to have given implied consent to submit to blood and breath tests for the purpose of determining alcohol and illegal drug levels, if any. If a driver is pulled over and refuses to take the test when requested to do so, this is considered an illegal act and it can increase the severity of the DWI and the associated criminal penalties.

It should also be noted that commercially licensed drivers driving a commercially registered vehicle are considered impaired at a 0.04 blood alcohol level and may be convicted of a DWI at this lower level.

To learn more go to our DWI Resource Center.