Minnesota's DWI law sets alcohol limits, requires you to take a chemical test when an officer has probable cause, and escalates penalties sharply with each offense.
Alcohol concentration limits
| Level | Result |
|---|---|
| 0.08 percent or more | DWI — in control of a moving or parked vehicle |
| 0.04 percent or more | DWI when driving a commercial vehicle |
| As low as 0.04 percent | DWI if alcohol caused your driving errors |
Know the rule
The DWI and implied consent laws also apply to off-road recreational vehicles and motorboats.
Handbook p. 96 ↗Implied consent
If an officer has probable cause to believe you're impaired while operating or in control of a vehicle, you must take a blood, breath or urine test.
Handbook p. 96 ↗Know the rule
Refusing the test is a crime and brings revocation of driving privileges for one to six years, depending on your prior offenses.
Handbook p. 96 ↗Preliminary (pre-arrest) breath test
A roadside screening device that estimates your alcohol concentration. Its results have limited use as court evidence; after arrest, an evidentiary test is required.
Handbook p. 96 ↗An officer may ask you to take a test when you:
- Are under arrest for DWI
- Refuse the pre-arrest breath test
- Take and fail the pre-arrest breath test
- Are in an alcohol-related crash that caused injury, property damage or death
Know the rule
The pre-arrest test can help you if you seem intoxicated but aren't — some medical conditions mimic intoxication, and officers will get medical help for drivers who are ill.
Handbook p. 96 ↗Penalties are more severe if you:
- Have prior DWI arrests
- Had an alcohol concentration of 0.16 percent or above
- Had a child younger than 16 in the vehicle
- Are under 21
- Refused a pre-arrest breath test
Know the rule
Testing 0.08 or above, or refusing a test, can get you a seven-day temporary license; then your license is revoked. An alcohol-related revocation brings a $680 reinstatement fee, a new license application and possibly the Ignition Interlock Device Program.
Handbook p. 97 ↗DWI offenses
| Offense | License | Criminal penalty |
|---|---|---|
| First | 90-day revocation minimum (30 if you plead guilty) | 90 days jail, $1,000 fine or both |
| Second within 10 years | 1-year revocation minimum | 1 year jail, $3,000 or both; plates impounded |
| Third within 10 years | Lost 3+ years; license canceled | 1 year jail, $3,000 or both; vehicle forfeited |
| Fourth within 10 years (felony) | Lost 4 years + rehabilitation | Up to 7 years prison, $14,000 fine |
Know the rule
First offense: no work permit until 15 days of revocation have passed and requirements are met, and none at all at 0.16 or above; interlock is optional. Second: interlock may be required. Third: chemical use assessment and interlock required, plates impounded, plus jail or maximum bail with electronic monitoring.
Handbook p. 97 ↗Ignition interlock device
A device wired to the starter that you must blow into; it won't let the vehicle start at 0.02 percent or more. First offenders at 0.16+ may use it to regain driving privileges.
Handbook p. 98 ↗Know the rule
Felony DWI applies to a fourth DWI in 10 years, anyone previously convicted of felony DWI, or anyone convicted of criminal vehicular homicide while impaired. Penalties can include up to seven years in prison with five years of conditional release and a $14,000 fine.
Handbook p. 98 ↗Put it into practice
A driver's first DWI arrest shows 0.17 percent. Because it's 0.16 or higher, no work permit is available — but as a first offender at that level, she may regain driving privileges through the Ignition Interlock program.