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Minnesota DWI Penalties | MN DUI Penalties
Minnesota DWI Penalties

A Minnesota DWI charge can lead to severe penalties dependent on the individual facts of your case.  Remember, there are two tracks (Criminal and Civil) you travel down with a DWI charge and both can result in different penalties.  The Criminal penalties relate to what happens to you.  The Civil penalties relate to what happens to things like your Driver’s License, Vehicle and License Plates.  Both the Criminal and Civil penalties depend on factors unique to your case referred to as “Aggravating Factors”.  Below we have provided you with a basic table generally explaining the potential consequences the courts may impose upon you. This table is just a quick guide and may not reflect the latest changes.  For a comprehensive and updated list of penalties and sentencing guidelines check the Minnesota Statutes Revisor [LINK]. Every person charged with a DWI faces different criminal and civil penalties and each court has mandatory minimum sentences they must impose upon you. It is important that you consult with an experienced DWI attorney to understand the possible penalties unique to your individual case.  [LINK]

 

First (1st) DWI Offense

 

 

Blood Alcohol Concentration (BAC) and Aggravating Factor(s)

Charge and Release Conditions

Potential Criminal Penalties

Potential Civil Penalties

0.08 – 0.19

Misdemeanor

 

  • Jail and maximum bail ($4000)
  • 90 days in jail and/or
  • $1000 fine

 

  • 90-day driver’s license revocation
  • 30-day driver’s license revocation if plead guilty to DWI

 

0.20 or more

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine
  • 180-day driver’s license revocation
  • License plate impoundment

 

Child under 16 and
0.08 – 0.19

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine
  • 90-day driver’s license revocation
  • License plate impoundment

Child under 16 and

0.20 or more

Gross Misdemeanor

 

  • Jail until first court appearance
  • One (1) year in jail and/or
  • $3000 fine
  • 180-day driver’s license revocation
  • License plate impoundment
  • Vehicle Forfeiture

 

Test Refusal

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine
  • One (1) year driver’s license revocation
  • 30-day driver’s license revocation if plead guilty to DWI
  • 90-day driver’s license revocation if plead guilty to test refusal

 

Second (2nd) DWI Offense within 10 years / Test Refusal

 

 

Blood Alcohol Concentration (BAC) and Aggravating Factor(s)

Charge and Release Conditions

Potential Criminal Penalties

Potential Civil Penalties

0.08 – 0.19

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine

 

  • 180-day driver’s license revocation
  • License plate impoundment

 

0.20 or more

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine

One (1) year driver’s license revocation

  • License plate impoundment
  • Vehicle forfeiture

 

Child under 16 and
0.08 or more (Any Level)

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine

180-day driver’s license revocation

License plate impoundment

Vehicle forfeiture

Test Refusal

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine

One (1) year driver’s license revocation

License plate impoundment

Vehicle forfeiture

 

 

Third (3rd) DWI Offense within 10 years / Test Refusal

 

 

0.08 or more and/or Test Refusal

Gross Misdemeanor

 

  • Jail and maximum bail ($12,000)
  • One (1) year in jail and/or
  • $3000 fine
  • Minimum One (1) year driver’s license revocation
  • Driver’s license cancelled
  • License plate impoundment
  • Vehicle forfeiture
  • Treatment and rehabilitation (Minimum One (1) year proof of abstinence)
  • Lifetime abstinence required after reinstatement (B-Card)

 

 

Fourth (4th) or more DWI Offense / Previous Felony DWI / Criminal Vehicular Operation (CVO) within 10 years

 

 

Offense

Charge and Release Conditions

Potential Criminal Penalties

Potential Civil Penalties

Fourth (4th) DWI or more

0.08 or more and/or Test Refusal

Felony

 

  • Jail and maximum bail ($56,000)
  • Seven (7) years in jail and/or
  • $14,000 fine

 

  • Minimum Two (2) year driver’s license revocation
  • License plate impoundment
  • Vehicle Forfeiture
  • Driver's License cancelled
  • Treatment and rehabilitation
  • Lifetime abstinence after reinstatement (B-Card)

 

CVO – Manslaughter or Death to an unborn child

Felony

 

  • Jail and maximum bail TBD by Court
  • Ten (10) years in jail and/or
  • $20,000 fine

Immediate One (1) year suspension and

  • 15-year driver’s license revocation
  • License plate impoundment
  • Vehicle forfeiture
  • Driver's License cancelled
  • Treatment and rehabilitation
  • Lifetime abstinence after reinstatement (B-Card)

CVO – Any other fatality

Felony

 

  • Jail and maximum bail TBD by Court
  • Ten (10) years in jail and/or
  • $20,000 fine
  • Immediate One (1) year suspension and
  • Ten (10)-year driver’s license revocation
  • License plate impoundment
  • Vehicle forfeiture
  • Driver's License cancelled
  • Treatment and rehabilitation
  • Lifetime abstinence after reinstatement (B-Card)

CVO – Great bodily harm or injury to an unborn child

Felony

 

  • Jail and maximum bail TBD by Court
  • Five (5) years in jail and/or
  • $10,000 fine
  • Immediate One (1) year suspension and
  • Five (5)-year driver’s license revocation
  • License plate impoundment
  • Vehicle forfeiture
  • Driver's License cancelled
  • Treatment and rehabilitation
  • Lifetime abstinence after reinstatement (B-Card)

CVO – Substantial bodily harm

Felony

 

  • Jail and maximum bail TBD by Court
  • Three (3) year in jail and/or
  • $10,000 fine
  • Immediate One (1) year suspension and
  • Three (3)-year driver’s license revocation
  • License plate impoundment
  • Vehicle forfeiture
  • Driver's License cancelled
  • Treatment and rehabilitation
  • Lifetime abstinence after reinstatement (B-Card)

CVO – Bodily harm

Felony

 

  • Jail and maximum bail TBD by Court
  • One (1) year in jail and/or
  • $3000 fine
  • One (1) year driver’s license revocation
  • License plate impoundment
  • Vehicle forfeiture
  • Driver's License cancelled
  • Treatment and rehabilitation
  • Lifetime abstinence after reinstatement (B-Card)