DWI FAQ

You may have heard DWI and DUI used interchangeably in casual conversation. DWI (driving while impaired) is the specific legal term used in Minnesota statutes. DWI covers impairment by alcohol, drugs, or other intoxicants. Other states may use DUI (driving under the influence) or use both DWI and DUI to describe different kinds of impaired driving. 

It is illegal to drive, operate, or be in physical control of a motor vehicle:

• While under the influence of alcohol
• With a blood alcohol concentration (BAC) of 0.08% or more
• While under the influence of a controlled or intoxicating substance
• With any amount of certain Schedule I or II controlled substances in your system (unless prescribed)
• If your BAC tests at 0.08% or more within two hours of driving

You don’t have to be driving to be charged with a DWI. Being in physical control of a vehicle while you’re impaired is all it takes. That means sitting in the driver’s seat with the keys nearby is enough to warrant charges under Minnesota law. 

A first-offense DWI is typically a misdemeanor. Penalties may include:

• Up to 90 days in jail
• A fine of up to $1,000
• 90-day license revocation (reduced to 30 days with a guilty plea)
• Possible requirement to attend a chemical dependency assessment and treatment

If your BAC was 0.16% or higher or if a child under 16 was in the vehicle, you can be charged with a gross misdemeanor. Gross misdemeanors are punished by up to 364 days in jail and fines up to $3,000. 

Minnesota uses a 10-year lookback period for prior DWI-related offenses. Penalties become more severe with each additional offense:

• Second DWI within 10 years: A second DWI within 10 years is a gross misdemeanor. Penalties include up to a year in jail, a $3,000 fine, longer license revocation, mandatory ignition interlock, and potential vehicle forfeiture.
• Third DWI within 10 years: Your license will be canceled as “inimical to public safety.” You must complete a rehabilitation program and install an ignition interlock for three or more years to regain your full driving privileges.
• Fourth DWI within 10 years: A fourth DWI within 10 years is a felony. It carries up to seven years in prison, a $14,000 fine, and permanent license cancellation.

Minnesota has an implied consent law. By driving on Minnesota roads, you’re presumed to consent to a chemical test when you’re lawfully arrested for DWI.

Generally, there are two types of chemical tests:

1. Preliminary breath test (PBT): PBTs are usually given at the scene. You can refuse this without additional penalties, but it may result in arrest.
2. Evidentiary chemical test (breath, blood, or urine): These tests are administered after arrest. Refusing this test is a separate criminal offense.

Refusal can result in a gross misdemeanor charge and license revocation. You may also lose your eligibility for a limited license or the ignition interlock program. 

After an arrest, a few things typically happen:

• You’re taken into custody, photographed, and fingerprinted.
• You will usually take a chemical test. You can refuse, but refusal has serious consequences.
• If you fail the test, the state will issue a Notice of Revocation. You’ll receive a temporary license good for 7 days.

Your license revocation is a civil penalty, separate from the criminal case. You must challenge it within 60 days by filing a petition for judicial review in district court. Your first criminal court date (arraignment) is usually scheduled soon after your arrest. If you’re released, you’ll receive notice of your court date by mail. 

You can challenge both criminal DWI charges and a license revocation, but each process follows a different legal track. The criminal case addresses whether you broke the law. The license revocation is a civil matter handled through a separate administrative process.

In a criminal case, your attorney can raise defenses like whether law enforcement had probable cause to arrest you or whether the chemical testing procedures were properly conducted. Challenging test reliability and whether the evidence is admissible may lead to reduced charges or even dismissal. Every case is different, so it’s important to consult an experienced DWI defense attorney to learn more about the most likely outcome.

At the same time, you have the right to contest a license revocation by requesting an implied consent hearing. This is a civil proceeding where a judge reviews whether law enforcement had legal grounds to revoke your license. You must file a petition for this hearing within 60 days of receiving your notice of revocation. If you miss the 60-day deadline to challenge your license revocation, you’ll lose that opportunity—even if you win your criminal case. 

You’re not required to hire a lawyer. However, trying to handle a DWI charge on your own can lead to mistakes that affect your record and future opportunities.

Working with an experienced attorney helps protect your rights. Your DWI defense lawyer can:

• Review and challenge police procedures
• Represent you at all court hearings and in license-related proceedings
• Negotiate for reduced charges or alternative sentencing (such as diversion programs or probation)
• Help you qualify for limited driving privileges or ignition interlock installation
• Manage strict timelines for hearings and appeals

Even if you plan to plead guilty, a lawyer can help you avoid unnecessary penalties or long-term consequences.

Minnesota’s ignition interlock device (IID) program allows some drivers to regain limited or full driving privileges after a DWI. Participants must install a state-approved device and provide proof of insurance and program enrollment. Drivers must pass each breath test before the vehicle will start.

The program is required in certain situations. This includes high BAC levels (0.16% and above), repeat DWI offenses, test refusals, or when a license has been canceled as “inimical to public safety.” Failure to comply with program rules (like tampering with the device or failing required tests) can result in removal and additional license revocation.