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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.
Ignition interlock required in some cases

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.

Minnesota restructured its license-revocation periods in 2025 (c. 29): they now sit in Minn. Stat. § 171.178 and look back 20 years, while the criminal enhancements look back 10 years. Fines are class maximums only; there is no mandatory minimum fine.

01Penalties

Minnesota DWI penalties

Statutory ranges for standard DWI convictions (no accident, no minor in vehicle).
Minnesota statutory DWI penalties, first and second offense
Penalty1st offense2nd offense
Jail (minimum)None30 days
Jail (maximum)90 days364 days
Fine (minimum)No minimumNo minimum
Fine (maximum)$1,000$3,000
License suspension30 days minimum on conviction; 90 days minimum if revoked after a failed test2 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.

Minnesota and the states that border it, first-offense figures side by side
StateBAC limitHearing requestInterlock, first offenseJail, first offenseFine, first offenseLicense, first offense
Iowa0.08%10 daysIn some cases48 hours to 1 year$1,250180 days to 1 year revocation
Minnesota (this page)0.08%60 daysIn some casesUp to 90 daysUp to $1,00030 days minimum on conviction; 90 days minimum if revoked after a failed test
North Dakota0.08%10 daysAt the judge's discretionUp to 30 days$500 to $1,50091 days
South Dakota0.08%No fixed deadlineNot requiredUp to 1 yearUp to $2,00030 days minimum
Wisconsin0.08%10 daysIn some casesNone$150 to $3006 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

The typical sequence, in general terms. Timing and details differ by county and by case.
  1. 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.

  2. Release

    A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.

  3. 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.

  4. Arraignment

    The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.

  5. 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.

  6. 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

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.
Show the exact words behind each figure
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

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.