Minnesota DUI/DWI Laws: Penalties, Court Process, and Records
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Table of Contents
Driving while drunk (DWI) and driving under the influence (DUI) are penalized nationally, though laws differ per state. DUI is frequently used; however, in Minnesota, DWI (Driving While Impaired) is the official term. Minnesota has severe regulations against driving while intoxicated, which include immediate administrative license suspensions and increased criminal penalties.
What Is a DWI (DUI) in Minnesota?
A person is guilty of DWI under Minnesota Statute §169A.20 if they drive, operate, or have physical control of a motor vehicle while doing any of the following:
- With a BAC of 0.08% or higher (0.04% for commercial drivers)
- With any alcohol concentration if under 21 (zero tolerance law)
- While under the influence of alcohol, a controlled substance, or intoxicating substances
- While knowingly under the influence of hazardous substances
Drug-related DWIs, including impairment brought on by illegal substances or prescribed drugs, are also prosecuted in Minnesota.
DWI Penalties in Minnesota
For repeat offenses, Minnesota has a 10-year look-back period. Penalties are based on past convictions and aggravating circumstances, such as having minors in the car, refusing a test, or having a high blood alcohol content (≥0.16%).
- First DWI Offense (Misdemeanor):
- Offenders can get up to 90 days in jail
- They may have to pay fines of up to $1,000
- Their license may be suspended for 90 days (longer if BAC ≥0.16%)
- They may be required to get an ignition interlock device (IID)
- They may need to undergo a chemical dependency assessment
- Second DWI Offense (within 10 years):
- This offense can get a perpetrator up to 1 year in jail
- It can lead to fines of up to $3,000
- An offender’s license can be revoked for 1 to 2 years
- Getting an IID may be mandatory for offenders to get their license reinstated
- Their license plates may be impounded
- Third DWI Offense (Gross Misdemeanor):
- This attracts a mandatory minimum of 30 days in jail (up to 1 year)
- It can lead to a fine of up to $3,000
- It may get the license cancelled as their continued driving would be considered “inimical to public safety.”
- They may need to get an IID for a minimum of 3 years
- They may also need to forfeit their vehicle
- Fourth or Subsequent DWI Offense (Felony):
- This could lead to a sentence of up to 7 years in prison
- It could lead to a fine of up to $14,000
- There could be a long-term license cancellation
- They may be required to get an IID to reinstate their license (minimum 4–6 years)
Aggravated DWI (Felony): If a DWI results in injury or death, penalties increase substantially, with prison terms of up to 10 years.
DWI Arrest and Court Process in Minnesota
Minnesota’s DWI process involves both administrative license actions and criminal prosecution:
- Traffic Stop and Arrest – Officers conduct field sobriety and chemical tests. Refusal leads to automatic license revocation under Minnesota’s implied consent law.
- Booking and Charges – The driver is booked and charged with misdemeanor, gross misdemeanor, or felony DWI.
- Administrative License Revocation (ALR) – The Department of Public Safety (DPS) imposes an immediate license suspension, which is contestable at a hearing.
- Arraignment – The defendant is formally charged and enters a plea.
- Pre-Trial Hearings – Defense may challenge probable cause, test results, or police procedure.
- Trial – If unresolved, the case proceeds to trial.
- Sentencing – Upon conviction, penalties include jail, fines, suspension, IID, and treatment.
In certain counties, Minnesota also runs DWI courts with an emphasis on intensive supervision and treatment for repeat offenders.
How to Search for DUI/DWI Records in Minnesota
DWI records are public in Minnesota, though access varies by type of record:
- Minnesota Courts Records Online (MCRO) Platform: DWI case information is available via the MinnesotaCourts Records Online (MCRO) Platform by case number or name.
- Minnesota Department of Public Safety (DPS) – Driver and Vehicle Services: Driver and Vehicle Services, a division of theMinnesota Department of Public Safety (DPS), keeps track of official driver histories, including DWI convictions, suspensions, and IID requirements. Drivers have the right to request their own documents..
- County District Courts: Certified case files and sentencing records are available in person in county district courts.
- Minnesota Bureau of Criminal Apprehension (BCA): Criminal history reports are available from the Minnesota Bureau of Criminal Apprehension (BCA) for approved purposes.
- Third-Party Background Check Services: Although they might offer DWI information, third-party background check services are not as trustworthy as government sources.
Records typically include BAC levels, arrest dates, case status, conviction type, and license consequences.
How Long Does a DWI Stay on Your Record in Minnesota?
DWI convictions in Minnesota have long-lasting impacts:
- Criminal Record: A conviction for DWI is irreversible. While misdemeanor DWIs may be expunged after several years under specific circumstances, felony DWIs cannot be expunged in Minnesota.
- Driving Record: Only offenses committed within the last ten years are eligible for an enhanced sentence, but a DWI conviction remains on a Minnesota driver's record for life.
- Insurance and Employment: Employers and licensing boards may view convictions as permanent unless expunged, and a DWI may result in a three to five-year increase in insurance costs.
Minnesota has severe DWI sanctions, which range from fines and brief jail sentences to felony charges and jail time for repeat or more serious offenses. Although DUI is still frequently used informally, the state utilizes DWI as its official legal term.
Convictions stay on criminal records for life and on driving records for life, and records are available to the public through Minnesota courts and the Department of Public Safety. Given the serious and long-lasting consequences of Minnesota's impaired driving regulations, drivers, employers, and researchers must understand them.