Minnesota DUI Penalties — Fines, Jail & Probation
Common consequences to discuss with counsel.
First offense §169A.20
A first DWI in Minnesota is classified as a misdemeanor (4th-degree DWI).
- Jail: none mandatory (probation possible) minimum to 90 days maximum
- Fine: $0 to $1,000
- License suspension: 90 days (BAC < 0.16); 1 year (BAC ≥ 0.16)
- Substance abuse program: chemical use assessment and recommended treatment required
- Community service: may be ordered by court
- Probation: available
Second offense
- Jail: 30 days (served or house arrest/work release) minimum to 1 year maximum
- Fine: $900 to $3,000
- License suspension: 1–2 years
Third and subsequent offenses
- Jail/prison: 90 days minimum to 1 year (gross misdemeanor) or up to 7 years (felony) maximum
- Fine: $900 to $14,000 (felony)
- License suspension: 3 years; possible plate impoundment and vehicle forfeiture
- Felony threshold: third offense within 10 years or fourth lifetime offense is a felony (1st-degree DWI)
Penalty comparison by offense tier
| Offense | Jail Range | Fine Range | License Suspension | |
|---|---|---|---|---|
| First DWI | none mandatory (probation possible)–90 days §169A.20 | $0–$1,000 §169A.20 | 90 days (BAC < 0.16); 1 year (BAC ≥ 0.16) §169A.20 | |
| Second DWI | 30 days (served or house arrest/work release)–1 year §169A.20 | $900–$3,000 §169A.20 | 1–2 years §169A.20 | |
| Third DWI | 90 days–1 year (gross misdemeanor) or up to 7 years (felony) §169A.20 | $900–$14,000 (felony) §169A.20 | 3 years; possible plate impoundment and vehicle forfeiture §169A.20 |
Lookback period
Minnesota uses a 10 years Lookback period to determine how prior offenses affect sentencing. Only DWI convictions within this window count toward the escalating penalty tiers.
Enhanced penalties for aggravating factors
- BAC ≥ 0.16 (aggravated — higher-degree offense)
- Child under 16 in vehicle
- Prior DWI within 10 years
- Driving with cancelled/revoked license
What these penalties mean in practice
Mandatory minimums cannot be suspended or reduced by the judge — they must be served. Fines do not include surcharges, court costs, and program fees, which can substantially increase the total financial impact. License suspension affects employment, insurance rates, and daily logistics.
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Frequently Asked Questions
General answers to common questions. Specific outcomes depend on your facts and timing.
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