Minnesota · DWI
Minnesota DWI laws and penalties
Minnesota's legal BAC limit is 0.08%. For a first offense, Minnesota's statute provides jail of up to 90 days and a fine of up to $1,000. The license hearing, the ignition interlock rule and the statute behind every figure are below.
In Minnesota the offense is called DWI (driving while impaired). It is the offense most states call DUI.
Figures read from official pages on .
Minnesota DWI laws at a glance
- Legal BAC limit
- 0.08%
- Standard US limit
- Enhanced penalty BAC
- 0.16%
- Where the penalties step up
- Zero tolerance (under 21)
- 0.00%
- Any trace may result in DWI
- Lookback period
- 10 years
- Prior DWI offenses that count
License hearing: ask within 60 days
Petition the district court for review within 60 days of receiving the notice and order of revocation. A request for review by the commissioner has no deadline. Count the days with the license-hearing window calculator.Higher BAC level. 0.16 or more is an aggravating factor: a first offense becomes a gross misdemeanor and the administrative revocation is at least one year.
Ignition interlock. Optional for a first offender (a limited license with an interlock during the revocation); required for a second offense within 20 years.
Lookback. 10 years for the criminal penalty; 20 years for license revocation.
01Penalties
Minnesota DWI penalties
| Penalty | 1st offense | 2nd offense |
|---|---|---|
| Jail (minimum) | None | 30 days |
| Jail (maximum) | 90 days | 364 days |
| Fine (minimum) | No minimum | No minimum |
| Fine (maximum) | $1,000 | $3,000 |
| License suspension | 30 days minimum on conviction; 90 days minimum if revoked after a failed test | 2 years with ignition interlock |
Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.
02Compare
How Minnesota compares
Of the 49 states with a confirmed BAC limit, 48 (Minnesota among them) use 0.08%; Utah has 0.05%.
On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. Minnesota requires one in some cases.
The 40 states with a fixed deadline give from 6 to 90 days to ask for a license hearing (the middle one is 10); Minnesota gives 60.
| State | BAC limit | Hearing request | Interlock, first offense | Jail, first offense | Fine, first offense | License, first offense |
|---|---|---|---|---|---|---|
| Iowa | 0.08% | 10 days | In some cases | 48 hours to 1 year | $1,250 | 180 days to 1 year revocation |
| Minnesota (this page) | 0.08% | 60 days | In some cases | Up to 90 days | Up to $1,000 | 30 days minimum on conviction; 90 days minimum if revoked after a failed test |
| North Dakota | 0.08% | 10 days | At the judge's discretion | Up to 30 days | $500 to $1,500 | 91 days |
| South Dakota | 0.08% | No fixed deadline | Not required | Up to 1 year | Up to $2,000 | 30 days minimum |
| Wisconsin | 0.08% | 10 days | In some cases | None | $150 to $300 | 6 to 9 months |
Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.
03The process
How a DWI case moves through the system in Minnesota
Arrest and booking
Police arrest a driver on suspicion of DWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
Petition the district court for review within 60 days of receiving the notice and order of revocation. A request for review by the commissioner has no deadline.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, Minnesota's statute provides jail of up to 90 days and a fine of up to $1,000. See the penalties table above.
04Sources
Where Minnesota's figures come from
- Minn. Stat. § 169A.20, subd. 1 (revisor.mn.gov)Main statute · BAC limit, age 21 and over
- Minn. Stat. § 169A.03, subd. 3(2) (revisor.mn.gov)Higher BAC level · Lookback period · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum
- Minn. Stat. § 169A.33, subd. 2 (revisor.mn.gov)BAC limit under 21
- Minn. Stat. § 169A.53, subd. 2(a) (revisor.mn.gov)License hearing request
- Minn. Stat. § 171.306, subd. 4(c); Minn. Dep't of Public Safety IID program page (dps.mn.gov)Ignition interlock, first offense
- Minn. Stat. § 171.178, subd. 5(a)(1)(i); subd. 4(1)(i) (revisor.mn.gov)First offense: license · Second offense: license
- Minn. Stat. § 169A.275, subd. 1(a) (revisor.mn.gov)Second offense: jail, minimum
Show the exact words behind each figureHide the exact words
- Main statute
Minn. Stat. § 169A.20, subd. 1
Minn. Stat. § 169A.20, subd. 1
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle
- BAC limit, age 21 and over
0.08%
Minn. Stat. § 169A.20, subd. 1(5)
(5) the person's alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more;
- Higher BAC level
0.16%
Minn. Stat. § 169A.03, subd. 3(2)
(2) having an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense; or
- BAC limit under 21
0.00%
Minn. Stat. § 169A.33, subd. 2
It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person's body.
- Lookback period
10 years
Minn. Stat. § 169A.03, subd. 3(1)
(1) a qualified prior impaired driving incident within the ten years immediately preceding the current offense;
- License hearing request
60 days
Minn. Stat. § 169A.53, subd. 2(a)
(a) Within 60 days following receipt of a notice and order of revocation or disqualification pursuant to section 169A.52 (revocation of license for test failure or refusal), a person may petition the court for review.
- Ignition interlock, first offense
Required in some cases
Minn. Stat. § 171.306, subd. 4(c); Minn. Dep't of Public Safety IID program page
The Ignition Interlock Device Program enhances public safety by giving eligible alcohol or drug offenders the option of having an ignition interlock device installed in their vehicle. ... If you are a first-time alcohol offender who has had your license revoked, you may be eligible for a limited license and have the option of regaining your driving privileges by participating in the program.
- First offense: jail, minimum
None
Minn. Stat. § 169A.27, subd. 2; § 169A.03, subd. 12
means a crime for which a person may be sentenced to imprisonment for not more than 90 days, or to payment of a fine of not more than $1,000, or both.
- First offense: jail, maximum
90 days
Minn. Stat. § 169A.27, subd. 2; § 169A.03, subd. 12
Same passage as above.
- First offense: fine, minimum
No minimum
Minn. Stat. § 169A.03, subd. 12
Same passage as above.
- First offense: fine, maximum
$1,000
Minn. Stat. § 169A.27, subd. 2; § 169A.03, subd. 12
Same passage as above.
- First offense: license
30 days minimum on conviction; 90 days minimum if revoked after a failed test
Minn. Stat. § 171.178, subd. 5(a)(1)(i); subd. 4(1)(i)
Subd. 4. Test failure; period of license revocation. ... (i) not less than 90 days; ... Subd. 5. Driving while impaired conviction or adjudication; period of license revocation. ... (1) if the person has no qualified prior impaired driving incidents within the past 20 years: (i) not less than 30 days if the person is convicted of an offense under section 169A.20, subdivision 1 (driving while impaired);
- Second offense: jail, minimum
30 days
Minn. Stat. § 169A.275, subd. 1(a)
The court shall sentence a person who is convicted of a violation of section 169A.20 (driving while impaired) within ten years of a qualified prior impaired driving incident to either: (1) a minimum of 30 days of incarceration, at least 48 hours of which must be served in a local correctional facility; or
- Second offense: jail, maximum
364 days
Minn. Stat. § 169A.26, subd. 2; § 169A.03, subd. 8
means a crime for which a person may be sentenced to imprisonment for not more than 364 days, or to payment of a fine of not more than $3,000, or both.
- Second offense: fine, minimum
No minimum
Minn. Stat. § 169A.03, subd. 8
Same passage as above.
- Second offense: fine, maximum
$3,000
Minn. Stat. § 169A.26, subd. 2; § 169A.03, subd. 8
Same passage as above.
- Second offense: license
2 years with ignition interlock
Minn. Stat. § 171.178, subd. 4(2), 5(a)(2), 8(b)(1)(i)
(1) two years if the commissioner revokes the person's license or permit to drive, or nonresident operating privilege as described in: (i) subdivision 3, 4, or 5 when the person has one qualified prior impaired driving incident within the past 20 years;
05Related
Related pages
- CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.
Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.