What are the penalties for driving while intoxicated in Minnesota?

The penalties for first-offense DWI with a blood alcohol content of less than .16 percent are:

  • $1,000 fine
  • Up to 90 days in jail
  • Driver's license revocation for 90 days, if BAC was below .16

With a BAC greater than .16 percent:

  • Charge is a gross misdemeanor
  • $3,000 fine
  • Up to a year in jail
  • Driver's license revocation for one year, if BAC was above .16, and if driver was 21 years old or more
  • Must display "Whiskey Plates" for one year
  • Minimum $12,000 bail

Additional DWI penalties apply for subsequent arrests and other factors, including driving drunk with a child in the car or causing an injury accident. Jeffrey B. Ring & Associates can explain the many levels of punishment for DWI offenses in Minnesota.

 

First offenses with a BAC under .16 are charged as misdemeanors. Offenses with a BAC over .16 and second and third offenses are gross misdemeanors.

What is implied consent?

Implied consent is the permission you give law enforcement officers to test your blood, breath or urine for alcohol. You give implied consent simply by having a driver's license. It is illegal to refuse this testing, and refusal results in immediate revocation of your driver's license.

Will my license be revoked if I am charged with DUI?

For a first-offense DWI charge, your license will be revoked for 90 days, but you may be able to retain full driving privileges if you install an ignition interlock device.

What is an ignition interlock device?

The device is the size of a hand-held calculator. It prevents a vehicle from starting if it detects a certain alcohol level when the driver blows into the attached tube. The device program is available for most first- and second-offense DWI defendants who want to retain their driving privileges. Third- and fourth-offense motorists who want to continue driving must enroll in the program for three to six years.

The driver bears the cost of installing the device.


When is a DUI a Misdemeanor?

First offenses with a BAC under .16 are charged as misdemeanors. Offenses with a BAC over .16 and second and third offenses are gross misdemeanors.


When is a DUI a Felony?

You will be charged with a felony DUI if you have been arrested for your fourth offense in 10 years, have previously been convicted of felony DWI, or previously were convicted of causing an injury or death because of drunk driving.


Implied consent is the permission you give law enforcement officers to test your blood, breath or urine for alcohol. You give implied consent simply by having a driver's license. It is illegal to refuse this testing, and refusal results in immediate revocation of your driver's license.


Will my license be revoked if I am charged with a DUI?

For a first-offense DWI charge, your license will be revoked for 90 days, but you may be able to retain full driving privileges if you install an ignition interlock device.


What is an ignition interlock device?

The device is the size of a hand-held calculator. It prevents a vehicle from starting if it detects a certain alcohol level when the driver blows into the attached tube. The device program is available for most first- and second-offense DWI defendants who want to retain their driving privileges. Third- and fourth-offense motorists who want to continue driving must enroll in the program for three to six years.

The driver bears the cost of installing the device.