Minnesota DWI Penalties Explained

There are four categories under which a DWI charge may be filed in Minnesota.

The level of your charge will depend on the facts and circumstances of your case, and whether any aggravating factors exist.  Aggravating factors include prior convictions, High BAC (over .20), and the presence of minors under the age of 16 in the vehicle at the time of the arrest. Listed below are the typical DWI penalties that result from a criminal DWI conviction in Minnesota. Keep in mind that addition civil penalties may also apply as a result of a chemical test refusal. For information on the civil administrative penalties that also may apply, consult the Minnesota Driving tab.

FOURTH-DEGREE DWI - MISDEMEANOR - (No aggravating factors) - FINES: $1,000; JAIL: up to 90 days; OTHER: Victim impact panel, alcohol education classes, chemical use assessment, community service

THIRD-DEGREE DWI - GROSS MISDEMEANOR - (One aggravating factor) - FINES: $3,000; JAIL: up to 1 year; OTHER: license plate seizure, vehicle forfeiture, Victim impact panel, alcohol education classes, chemical use assessment

SECOND-DEGREE DWI - GROSS MISDEMEANOR - (Two aggravating factors) - FINES: $3,000; JAIL: up to 1 year; OTHER: license plate seizure, vehicle forfeiture, Victim impact panel, alcohol education classes, chemical use assessment

FIRST-DEGREE DWI - FELONY - (Three aggravating factors) - FINES: $14,000; JAIL: 3 - 7 years; OTHER: license plate seizure and vehicle forfeiture

*Penalties differ on a case-to-case basis. Alternatives to jail in the form of electronic home monitoring may available or offered in the course of plea negotiations. Consult with a local attorney for more information.