Minnesota Statute §169A.20 sets forth the Minnesota criminal penalties for DWI which range from a misdemeanor to a felony. A first offense DWI with a test result of .08% but less than .16% alcohol concentration level, constitutes a misdemeanor with a potential maximum sentence of 90 days in jail and/or a $1000.00 fine.
A first offense over .16% or a first offense refusal constitutes a gross misdemeanor offense, with a potential maximum sentence of 364 days in jail and/or a $3,000.00 fine. A first offense DWI with other “aggravating factors” is also a gross misdemeanor.
Prior to August 1, 2015, the alcohol concentration level had to be .20% or more to constitute a gross misdemeanor. But the legislature, in its infinite wisdom and desire to increase the Minnesota criminal penalties, lowered the test level to .16%, making any test result at that level or higher a gross misdemeanor.
A second offense within ten years within 10-years of the first offense is a gross misdemeanor with minimum mandatory jail sentence of 30 days. The mandatory minimum jail sentences increase depending upon the number of previous DWIs-within-10-yrs the individual has on his or her driving record.
For example:
Minnesota criminal penalties for DWI:
A second DWI offense in 10 years: The mandatory minimum sentence is 30 days.
A third DWI offense in 10 years: The mandatory minimum sentence is 90 days.
A fourth DWI offense in 10 years: The mandatory minimum sentence is 180 days.
A fifth DWI offense in 10 years: The mandatory minimum sentence is one year.
It is a felony to get four DWI’s in 10 years and the maximum sentence for felony DWI is seven years in prison. In addition, the court can order a fine of up to $14,000.00.
In addition to the criminal penalties, individuals will also be facing the loss of their driver’s license. For information concerning the various revocation periods for a Minnesota DWI arrest, click here.
Contact Minnesota DWI Attorney F. T. Sessoms:
If you or a loved one has been arrested for a Minnesota DWI or DUI, feel free to contact Minnesota DWI Attorney F. T. Sessoms at (612) 344-1505 for answers to all of your Minnesota DWI and DUI questions.
FREQUENTLY ASKED QUESTIONS:
Anyone arrested for a DWI in Minnesota will be facing the loss of their driver’s license, possible jail time and fines. If additional aggravating factors are present, the individual will be facing license plate impoundment and possible forfeiture of the vehicle used to commit the DWI. But these cases can be won! Contact Minnesota DWI Attorney F. T. Sessoms at (612) 344-1505 to find out how!
Even though the maximum penalty for a first time misdemeanor DWI in Minnesota is 90 days in jail, the likelihood that you will actually serve any jail time (other than the night of your arrest) is slim to none. A few counties in Minnesota want the offender to do some community service but, typically, jail time is not required.
Yes, depending upon the severity of the DWI conviction, the DWI can be expunged in Minnesota after a period of two to five years. Click here for further information on expungement in Minnesota.
No. The DWI criminal conviction can be expunged in Minnesota, but the implied consent license revocation will remain on your record for the rest of your life. You can request the Minnesota Department of Vehicle Services to make the DWI license revocation “non-public” after 15 years but the revocation is still available to law enforcement and the courts.
The statute of limitations for a DWI in Minnesota is three years from the date of offense.
