First DWI Penalties in Minnesota (2026)
Complete guide to what happens when you get your first DWI in Minnesota — jail time, fines, license suspension, and what you can do about it.
Understanding First-Offense DWI in Minnesota
A first-offense DWI in Minnesota is classified as a Misdemeanor. While this is the least severe DWI charge, the consequences are still significant and can affect your life for years. Minnesota uses a 10-year lookback period, meaning any subsequent DWI within that window will be treated as a repeat offense with harsher penalties.
Minnesota uses DWI terminology and requires SR-22 insurance for 6 years — one of the longest periods in the nation. The BAC (Blood Alcohol Concentration) limit in Minnesota is 0.08% for standard drivers, 0.04% for commercial drivers, and 0.00% for drivers under 21. Being at or above these limits creates a "per se" DWI charge — the prosecution does not need to prove impairment.
Penalties Breakdown
What Happens After a First DWI Arrest in Minnesota
After being arrested for a first DWI in Minnesota, you will face two separate proceedings: a criminal court case and an administrative license suspension through the DMV. Minnesota has implied consent laws, meaning you automatically consent to chemical testing by driving on state roads. Refusing a test triggers additional penalties.
The criminal case will determine whether you are convicted and what sentence you receive. Meanwhile, the DMV will independently suspend your license. In many cases, you have only 10 to 30 days to request a DMV hearing to challenge the suspension. Missing this deadline means an automatic suspension.
How a DWI Attorney Can Help
An experienced DWI attorney in Minnesota can challenge the traffic stop, question the accuracy of breath or blood tests, negotiate reduced charges (such as a "wet reckless"), protect your driving privileges, and minimize the long-term impact on your record. Attorney fees for a first DWI typically range from $2,000 to $5,000, but the savings in reduced penalties and protected employment can be far greater.
In Minnesota, a first DWI may be eligible for expungement Varies by offense level. An attorney can advise you on the specific requirements and timeline.
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Official Sources
DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only.
Frequently Asked Questions
What is the penalty for a first DWI in Minnesota?
A first DWI in Minnesota is classified as a Misdemeanor. Penalties include Up to 90 days jail time, Up to $1,000 in fines, and 90-day revocation.
Will I go to jail for a first DWI in Minnesota?
Minnesota does not have mandatory minimum jail for a first DWI, but the judge can sentence up to Up to 90 days.
How much does a first DWI cost in Minnesota?
Court fines alone are Up to $1,000, but total costs including attorney fees, classes, insurance increases, and IID installation typically range from $10,000 to $25,000.
Will I lose my license for a first DWI in Minnesota?
Yes. A first DWI in Minnesota results in 90-day revocation. You may be eligible for a restricted license with an ignition interlock device.
Can a first DWI be expunged in Minnesota?
Yes, Minnesota allows DWI expungement. Waiting period: Varies by offense level.