How Much Jail Time for a DWI in Minnesota?
Posted by Gerald Miller on Jun 7, 2021 (Updated: March 19, 2025)
Getting arrested for DWI in Minnesota is a serious situation with consequences that go beyond just a fine or license suspension. If you’re asking yourself, How much jail time can you get for a DWI in Minnesota? — you’re not alone.
In Minnesota, a first-time DWI with a BAC under 0.16% carries up to 90 days in jail, a fine of up to $1,000, and a 90-day driver’s license suspension. Higher BAC levels or prior offenses can lead to longer jail time and harsher penalties.
Having defended countless individuals charged with DWI across Minnesota over the decades, I’ve seen firsthand how jail time depends on several factors, including aggravating circumstances and prior offenses. Let’s break down what to expect based on the degree of your DWI charge, and how legal defense can impact the outcome.
Understanding Potential Jail Time for DWI in Minneapolis and Minnesota
Minnesota law outlines maximum and minimum sentences for every DWI charge. The judge overseeing your case will determine the specific penalty within the state-defined range, considering factors like prior convictions and any aggravating circumstances.What is the maximum jail time for a first DWI in Minneapolis?
The maximum jail time for a first-time DWI offender in Minneapolis is typically 90 days. However, this can increase to one year if the accused refused a chemical test or had a Blood Alcohol Concentration (BAC) of 0.16 or higher.
Is there mandatory jail time for a first DWI in Minnesota?
Generally, no. Most first-time DWI offenders in Minnesota avoid jail time entirely following a conviction.
DWI Penalties Breakdown by Offense:
- First Offense:
- Maximum Jail Time: 90 days (increases to one year with test refusal or BAC of 0.16+).
- Mandatory Minimum Jail Time: None for most cases.
- Key Takeaway: Most first-time offenders avoid jail time.
- Second Offense (within 10 years):
- Maximum Jail Time: 90 days (increases to one year with test refusal or BAC of 0.16+).
- Mandatory Minimum Jail Time: 30 days incarceration, but the court can suspend all but 48 hours in exchange for substantial community service.
- Key Takeaway: Mandatory minimum jail time exists, but alternatives may be available.
- Third Offense (within 10 years):
- Maximum Jail Time: 1 year (treated as a gross misdemeanor).
- Mandatory Minimum Jail Time: 90 days, with at least 30 days served consecutively in a county jail or workhouse.
- Key Takeaway: Significant mandatory jail time involved.
- Fourth Offense (within 10 years):
- Maximum Jail Time: 7 years in state prison (treated as a felony).
- Mandatory Minimum Jail Time: 180 days, with at least 30 days served consecutively.
- Conditional Release: 5 years of conditional release following incarceration.
- Key Takeaway: Felony charge with substantial prison time.
- Fifth and Subsequent Offenses:
- Maximum Jail Time: 7 years in state prison (treated as a felony).
- Mandatory Minimum Jail Time: 1 year of incarceration, with at least 60 days served consecutively.
- Conditional Release: 5 years of conditional release following incarceration.
- Key Takeaway: Felony charge with a significant mandatory minimum prison sentence.
What is the mandatory minimum jail time for a third DWI in Minnesota?
The mandatory minimum jail time for a third DWI conviction within 10 years in Minnesota is 90 days, with at least 30 days served consecutively.
Beyond Jail Time: Other Consequences of a DWI in Minneapolis
While jail time is a primary concern, a DWI conviction in Minneapolis and Minnesota carries other significant consequences:
What are the potential fines for a first DWI in Minneapolis?
The maximum fine for a first-degree DWI in Minneapolis is typically $1,000. Fines can be higher for subsequent offenses or those involving aggravating factors.
- Fines:
- First-Degree DWI: Up to $1,000.
- Second-Degree or Third-Degree DWI (Gross Misdemeanor): Up to $3,000.
- Fourth and Subsequent DWI (Felony): Up to $14,000.
- Restitution: In cases involving accidents, the court may order you to pay restitution to cover the other driver’s medical bills, property damage, or other related expenses. This is in addition to any fines.
- License Suspension: Every DWI conviction results in the revocation of your driving privileges. The length of the suspension varies depending on the number of prior DWI convictions and other factors.
How long is your license suspended for a first DWI in Minnesota?
The license revocation period for a first-degree DWI in Minnesota is typically 90 days. This period can be longer for subsequent offenses or if there were aggravating factors.
- License Suspension Periods:
- First-Degree DWI: 90 days.
- Second-Degree DWI: 1 year.
- Third-Degree DWI: 3 years.
- Fourth-Degree DWI: 4 years.
- Fifth and Subsequent DWI: Up to 6 years.
It’s important to note that with the help of an attorney, you may be able to obtain a limited work permit license during your suspension period, allowing you to drive to work or school.
Collateral Consequences of a DWI in Minneapolis
Beyond the direct penalties, a DWI conviction can lead to various collateral consequences, including:
- Impact on Employment: Difficulty finding or maintaining employment, especially jobs requiring driving or professional licenses.
- Professional Licensing Issues: Potential suspension or revocation of professional licenses (e.g., nursing, teaching, law).
- Child Custody Issues: A DWI conviction, especially with a child in the vehicle, can negatively impact child custody proceedings.
- Immigration Status: For non-citizens, a DWI conviction can have serious consequences on their immigration status, potentially leading to deportation.
- Loss of Voting Rights and Gun Rights: Felony DWI convictions can result in the loss of these fundamental rights.
Can a DWI affect my job in Minneapolis?
Yes, a DWI conviction in Minneapolis can significantly impact your current and future employment. Employers have the right to fire employees or reject job applicants based on their criminal record. Additionally, it can be difficult to obtain or maintain professional licenses required for certain occupations.
Discuss Your Minneapolis DWI Case with an Experienced Attorney
The consequences of a DWI conviction in Minneapolis can be life-altering. If you are facing DWI charges in Minnesota, fighting back against a conviction is often your best option to protect your future and avoid potential jail time and other penalties.
At Gerald Miller, P.A., our dedicated Minneapolis DWI defense lawyers are ready to provide you with the expert legal guidance and representation you need. We will thoroughly analyze the details of your case, explore all possible defense strategies, and work tirelessly to achieve the most favorable outcome.
Don’t face the challenges of a DWI charge alone. Contact the attorneys at Gerald Miller today for a free consultation. Call us right away to discuss the prospects of your case and how we can help you protect your future. Call 612-341-9079.
About Gerald Miller, P.A.: Your Trusted Minneapolis DWI Defense Firm
Gerald Miller, P.A. has a long-standing reputation for providing exceptional DWI defense in Minneapolis and throughout Minnesota. Our experienced attorneys have a deep understanding of Minnesota’s DWI laws and a proven track record of success in helping our clients navigate these complex legal situations.
Contact Us for a Free and Confidential Case Evaluation
If you have been charged with a DWI in Minneapolis, don’t wait to seek legal help. Contact the experienced Minneapolis DWI defense attorneys at Gerald Miller, P.A. today for a free and confidential case evaluation. Call us 24/7 at 612-341-9079 or fill out our confidential contact form here. Visit our website at www.geraldmillerlawyer.com for more information.
Disclaimer: This updated article provides general information about DWI penalties in Minneapolis, MN, and should not be considered legal advice. For specific legal guidance regarding your situation, please consult with a qualified Minneapolis DWI defense attorney.
Updated On: March 19, 2025
Further Reading:
- Can A DUI Harm Your Professional Career?
- What Is the Abbreviation for DUI in Minnesota?
- Is a DUI a Criminal Offense in Minnesota?
- What Is a 2nd Degree DWI in Minnesota?
- Can a DWI Conviction Be Expunged in Minnesota?
