Minnesota DUI Penalties, Fines and Suspensions

Implied consent – criminal penalty for refusal

• According to Minnesota statutes, it is a crime for any person to refuse to submit to a chemical test of the person’s blood, breath, or urine under section 169A.51 (chemical tests for intoxication), or 169A.52 (test refusal or failure; revocation of license). M.S.A. § 169A.20(2). The constitutionality of this statute, however, has been called into question by the U.S. Supreme Court’s decision in Birchfield v. North Dakota and two intermediate appellate decisions discussed below.

Minnesota DUI Conviction – administrative / civil penalty (license suspension, use of IID)

• First conviction driver’s license revoked for at least 30 days.
• Second conviction within 10 years driver’s license revoked for at least one year.
• Third conviction within 10 years driver’s license revoked for at least three years.
• Fourth conviction within 10 years driver’s license revoked for four years.
• Fifth or subsequent conviction within 10 years driver’s license revoked for six years.
• Driver’s vehicle may forfeited if he / she is convicted of first or second degree DWI, which usually means a third or subsequent offense within 10 years. M.S.A. § 169A.54.

Conviction – criminal penalties (jail sentence, fines, community service)

• First conviction jail sentence of up to 90 days; fine up to $1,000.
• Second conviction within 10 years jail sentence of at least 30 days or eight hours community service for each day less than 30 that person is required to serve in jail.
• Third conviction within 10 years jail sentence of at least 90 days or “a program of intensive supervision of the type described in section 169A.74 (pilot programs of intensive probation for repeat DWI offenders) that requires the person to consecutively serve at least six days in a local correctional facility.”
• Fourth conviction within 10 years jail sentence of at least 180 days; “a program of intensive supervision of the type described in section 169A.74 (pilot programs of intensive probation for repeat DWI offenders) that requires the person to consecutively serve at least six days in a local correctional facility.”
• Fifth or subsequent conviction within 10 years jail sentence of at least one year; intensive supervision program. M.S.A. § 169A.275(1)-(4).
• Enhanced criminal penalties if a driver commits criminal vehicular injury, which includes violating drugged driving provisions, and causing bodily harm, substantial bodily harm or great bodily harm. M.S.A. § 609.2113.

Criminal Penalties

Fourth Degree DWI

Misdemeanor, punishable by up to 90 days of jail and a $1,000 fine

• DWI violation without test refusal or any aggravating factors*

Third Degree DWI

Gross misdemeanor, punishable by up to one year of jail and a $3,000 fine

• DWI violation with test refusal or one aggravating factor

Second Degree DWI

Gross misdemeanor, punishable by up to one year of jail and a $3,000 fine

• DWI violation with test refusal and one aggravating factor; or
• DWI violation with two aggravating factors

First Degree DWI

Felony, punishable by up to seven years’ imprisonment and a $14,000 fine

• fourth impaired driving incident within ten years; or
• following a previous felony DWI or criminal vehicular operation conviction

Child endangerment

• There are enhanced penalties if the driver commits a violation with passenger under age 16 in the vehicle, if the driver is at least three years older than the passenger. M.S.A. § 169A.03(3).

DUI Arrest Statistics and Minnesota Drunk Driving

* Sources: State Justice Department, Federal Highway Administration