State service guide

Minnesota DUI laws: DWI terminology, physical-control cases, dual 10-year and 20-year lookbacks, and interlock-driven reinstatement

Minnesota's official law uses DWI rather than DUI, and the state splits the problem between criminal degree rules in chapter 169A and separate license-revocation and ignition-interlock rules in chapter 171. A Minnesota DWI can be based on impairment, being in physical control, a 0.08 alcohol concentration within two hours, a 0.04 CDL result, certain controlled-substance detections, cannabis impairment, or test refusal. The most useful Minnesota-specific details are the aggravating-factor system, the difference between the 10-year criminal lookback and the 20-year license lookback, and the way repeat cases shift quickly from fixed revocation periods into ignition interlock and treatment requirements.

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Adult alcohol limits 0.08 within 2 hours for most drivers and 0.04 within 2 hours in a commercial motor vehicle
Aggravating factors A prior qualified incident within 10 years, a 0.16+ result, or a qualifying child passenger
No-prior revocation At least 90 days for test failure and 1 year for test refusal
Repeat-license rule One qualified prior incident within the past 20 years usually moves the case into ignition interlock-based reinstatement

Overview

What this page helps you verify

A practical Minnesota DUI page should say up front that the statutes use DWI, not DUI, and that the state separates criminal charge level from the driver's-license consequences. Minnesota's law is also broader than a simple 0.08 driving rule because it covers physical control, drug impairment, cannabis impairment, certain Schedule I or II substance detections, and chemical-test refusal. The strongest statewide page should keep four points visible: what conduct counts as DWI, what aggravating factors or priors are present, whether the license revocation is already running, and whether the case has moved into ignition interlock and treatment territory.

Last reviewed: 2026-05-18. This page was manually upgraded against service-specific official sources, but requirements can still change quickly.

Usually needed

Documents and information to prepare

  • The citation, complaint, and notice and order of revocation or disqualification served after the stop
  • Any breath-test ticket, blood or urine certificate, or refusal advisory tied to the incident
  • Records showing prior DWI convictions or prior impaired-driving-related losses of license if the degree or reinstatement path is disputed
  • A written request for administrative review or a district-court petition for judicial review if you plan to challenge the license action
  • Ignition interlock, treatment, and reinstatement paperwork if you are trying to regain driving privileges during or after the withdrawal period

Typical flow

What the process often looks like

  1. Identify first whether the Minnesota case is a standard DWI, a chemical-test refusal, a commercial-driver alcohol case, or an under-21 drinking-and-driving issue.
  2. Check for aggravating factors and prior qualified impaired driving incidents, because Minnesota uses those to set both the criminal degree and the license consequences.
  3. Treat the criminal case and the DVS license action as separate problems, and do not miss the 60-day window to petition for judicial review of an implied-consent revocation.
  4. If your driving privileges are withdrawn, evaluate ignition interlock and treatment requirements early instead of assuming the court case alone controls when you can drive again.

What counts as DWI

Minnesota DWI law reaches physical-control cases, drug cases, cannabis impairment, and refusal cases, not just obvious drunk driving

The offense definition is broader than a simple adult 0.08 summary.

  • Minnesota makes it a crime to drive, operate, or be in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, another impairing intoxicating substance, a combination of impairing substances, or cannabis-related products.
  • The statute also covers an alcohol concentration of 0.08 or more within two hours, or 0.04 or more within two hours in a commercial motor vehicle.
  • Minnesota separately criminalizes refusal to submit to a required chemical test.

Charge level

Minnesota grades DWI by aggravating factors and prior incidents, and the felony line is narrower than a generic repeat-offense summary

This is where statewide content has to stay statute-specific.

  • Fourth-degree DWI is the baseline misdemeanor offense.
  • Third-degree DWI is a gross misdemeanor for a DWI with one aggravating factor, and refusal is third-degree even without an aggravating factor.
  • Second-degree DWI is a gross misdemeanor for a DWI with two or more aggravating factors, or a refusal with one aggravating factor.
  • First-degree DWI is a felony if the violation occurs within ten years of the first of three or more qualified prior impaired driving incidents, or after specified prior felony impaired-driving convictions.

Revocation and review

Minnesota's license case can start immediately, and the review clock matters

A practical page should keep the DVS timeline separate from the criminal sentence.

  • For a driver with no qualified prior impaired driving incidents within the past 20 years, Minnesota requires at least a 90-day revocation for test failure and at least a one-year revocation for test refusal.
  • For a no-prior conviction, the statute uses at least 30 days for a DWI conviction and at least 90 days for a refusal conviction, with longer periods for under-21 drivers and twice-the-legal-limit results.
  • Minnesota allows a written administrative review request during the revocation period, and a petition for judicial review must be filed within 60 days after receipt of the notice and order of revocation.

Priors, interlock, and under-21 rules

Minnesota uses a 10-year lookback for aggravating factors but a 20-year lookback for many license consequences

That split is one of the most important Minnesota-specific details.

  • A qualified prior impaired driving incident includes both prior impaired-driving convictions and prior impaired-driving-related losses of license, but the same course of conduct cannot be counted twice.
  • One qualified prior impaired driving incident within the past 20 years usually pushes the revocation and reinstatement path into ignition interlock compliance rather than a short fixed revocation period.
  • Minnesota also has a separate underage drinking-and-driving offense for drivers under 21 who drive after consuming alcohol while physical evidence of consumption is present, with a 30-day suspension or 180 days for a repeat violation.

Accuracy notes

Where people get tripped up

  • Use DWI terminology for Minnesota, not just a generic DUI label, because the official statutes and DPS materials do.
  • Do not collapse Minnesota's 10-year aggravating-factor rules into its 20-year license-revocation and interlock rules. Those lookbacks are not the same.
  • A qualified prior impaired driving incident can include a prior conviction or a prior impaired-driving-related loss of license, but the same course of conduct counts only once.
  • Do not describe Minnesota as a simple 'third-offense felony' state. The felony trigger in section 169A.24 is narrower than that shorthand.

FAQ

Common questions

  • Does Minnesota use DUI or DWI?

    Minnesota's statutes use DWI. The main offense and penalty rules are in chapter 169A.

  • What BAC triggers a Minnesota DWI?

    For most drivers, Minnesota uses 0.08 or more within two hours. For a commercial motor vehicle, the threshold is 0.04 or more within two hours.

  • Is refusing the chemical test a separate offense in Minnesota?

    Yes. Minnesota makes refusal to submit to a required chemical test a separate crime, and refusal also carries its own license-revocation consequences.

  • When does a Minnesota DWI become a felony?

    First-degree DWI is a felony if the current violation occurs within ten years of the first of three or more qualified prior impaired driving incidents, or if the driver has certain prior felony impaired-driving convictions.

  • How long do I have to challenge a Minnesota implied-consent revocation?

    Minnesota says a petition for judicial review must be filed within 60 days after receipt of the notice and order of revocation or disqualification.

Sources

Official references used for this page

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