What Does DWI Stand for in Minneapolis MN?
Being charged with a DWI in Minnesota can have serious legal and financial consequences. If you or someone you know has been arrested for impaired driving, you may be asking: What does DWI stand for in Minnesota?
DWI stands for Driving While Impaired. In Minnesota, this refers to operating or being in physical control of a motor vehicle while under the influence of alcohol, drugs, or any substance that affects the ability to drive safely.
With decades of experience defending individuals against DWI charges, I have seen firsthand how these cases impact people’s lives. In this article, I will explain the meaning of DWI in Minnesota, how it differs from DUI, the penalties involved, and the legal options available if you are charged.
What Is the Legal Definition of DWI in Minnesota?
The legal definition of DWI in Minnesota includes any instance in which a person operates or has physical control of a vehicle while impaired by alcohol or drugs.
A person can be charged with DWI under Minnesota law if:
- Their blood alcohol concentration (BAC) is 0.08% or higher.
- They are under the influence of alcohol, controlled substances, or prescription drugs.
- They have a BAC of 0.04% or higher while operating a commercial vehicle.
- There is any amount of a Schedule I or II controlled substance in their system.
Minnesota enforces strict DWI laws, and even a first offense can result in significant legal penalties.
What Is the Difference Between DWI and DUI in Minnesota?
Some states use the terms DWI and DUI interchangeably, but in Minnesota, there is a distinction.
DWI, or Driving While Impaired, is the official term used in Minnesota law. It applies to any case where a person is caught operating or in control of a vehicle while impaired by alcohol, drugs, or another substance.
DUI, or Driving Under the Influence, is a term used in some states but is not a legal designation in Minnesota. While DUI is commonly understood to mean driving while intoxicated, Minnesota statutes exclusively use the term DWI.
What Are the Different Levels of DWI in Minnesota?
The severity of a DWI charge depends on multiple factors, including prior offenses, BAC level, and whether aggravating factors were present.
Minnesota’s Four Levels of DWI Charges
| Charge Level | Description | Key Consequences |
|---|---|---|
| Fourth-Degree DWI | First offense with no aggravating factors (BAC under 0.16) | Up to 90 days jail, $1,000 fine, 90-day license suspension |
| Third-Degree DWI | One prior DWI or an aggravating factor (BAC 0.16+ or child in car) | Up to 1 year jail, $3,000 fine, 1-year license revocation |
| Second-Degree DWI | Two or more aggravating factors | Up to 1 year jail, $3,000 fine, 2-year license revocation |
| First-Degree DWI | Felony charge for fourth offense in 10 years or prior felony | Up to 7 years prison, $14,000 fine, long-term license revocation |
Minnesota’s DWI laws escalate penalties based on prior convictions, so even a first-time offense can have long-term consequences.
What Are the Penalties for a DWI in Minnesota?
Minnesota imposes severe penalties for DWI convictions, with consequences that vary based on prior offenses, BAC levels, and aggravating factors.
Minnesota DWI Penalties by Offense Level
| Offense Level | Jail Time | Fines | License Suspension |
|---|---|---|---|
| First-Time DWI (Misdemeanor, BAC under 0.16) | Up to 90 days | Up to $1,000 | 90 days |
| First-Time DWI (BAC 0.16 or higher) | Up to 1 year | Up to $3,000 | 1 year |
| Second DWI (Gross Misdemeanor) | Up to 1 year | Up to $3,000 | 2 years |
| Third DWI (Gross Misdemeanor) | Up to 1 year | Up to $3,000 | 3 years |
| Felony DWI (Fourth Offense or More) | Up to 7 years | Up to $14,000 | 4+ years |
Additional penalties may include mandatory alcohol treatment programs, vehicle forfeiture, and the installation of an ignition interlock device.
Can You Get a DWI in Minnesota Without Driving?
Yes, a person can be charged with DWI in Minnesota even if they are not actively driving. The law states that a person is guilty of DWI if they are in physical control of a vehicle while impaired.
A person may be considered in physical control of a vehicle if:
- They are sitting in the driver’s seat with the keys in the ignition.
- They are sleeping inside the car with access to the keys.
- They have the ability to operate the vehicle even if it is not moving.
Minnesota law is strict in this regard to prevent impaired individuals from attempting to drive.
What Should You Do If You Are Charged with a DWI in Minnesota?
Being arrested for a DWI is a stressful experience, but taking the right steps can significantly impact the outcome of your case.
- Remain calm and do not argue with law enforcement.
- Avoid making self-incriminating statements.
- Comply with Minnesota’s implied consent law regarding breath and blood tests.
- Contact a DWI defense attorney as soon as possible.
- Keep track of all details regarding the arrest, including officer statements and test results.
A knowledgeable DWI attorney can review your case, challenge evidence, and negotiate for reduced penalties.
What Happens to Your License After a DWI in Minnesota?
A DWI arrest in Minnesota triggers an automatic license suspension, even before a conviction occurs. The length of the suspension depends on factors like BAC level, prior offenses, and whether the driver refused chemical testing.
License Revocation Periods for DWI Arrests
- First-Time DWI (BAC under 0.16) – 90-day revocation (limited license possible after 15 days)
- First-Time DWI (BAC 0.16 or higher) – 1-year revocation
- Second-Time DWI – 2-year revocation
- Third-Time DWI – 3-year revocation
- Felony DWI (Fourth Offense or More) – 4+ years revocation
Drivers may be eligible for ignition interlock programs to regain limited driving privileges.
How Long Does a DWI Stay on Your Record in Minnesota?
A DWI remains on your driving record for 10 years in Minnesota. However, a conviction stays on your criminal record permanently unless it is expunged.
- If you are charged with another DWI within 10 years, it will be considered a repeat offense.
- Some first-time DWI offenses may qualify for expungement under Minnesota law.
- Employers, landlords, and insurance companies may see a DWI on a background check even after 10 years.
Expungement may be an option in certain cases, but the process requires legal guidance.
How Can You Fight a DWI Charge in Minnesota?
Fighting a DWI charge is possible if there were errors in the arrest process, inaccurate breathalyzer results, or improper traffic stops.
Common DWI Defenses in Minnesota
- Challenging the Stop – Officers must have reasonable suspicion to pull you over. If they lacked justification, the charge may be dismissed.
- Breathalyzer or Blood Test Issues – Faulty calibration, improper administration, or medical conditions can lead to false high BAC readings.
- Lack of Probable Cause for Arrest – If an officer did not have sufficient evidence of impairment, the case could be thrown out.
- Rising BAC Defense – Alcohol takes time to absorb. If a driver’s BAC was under the limit while driving but over at the time of testing, this defense may apply.
Hiring a skilled DWI attorney is critical to challenging evidence and minimizing penalties.
Contact Gerald Miller for DWI Defense in Minnesota
A DWI conviction can result in severe legal penalties, financial burdens, and long-term consequences for your driving record. If you have been charged with DWI in Minnesota, you need a strong legal defense to fight the charges.
At Gerald Miller, P.A., we have successfully defended thousands of DWI cases. Our experience in Minnesota DWI law allows us to develop strong defense strategies that may reduce or dismiss charges.
Call us today at 612-341-9080 or visit geraldmillerlawyer.com to schedule a free consultation.
Further Reading:
- How To Get a DWI Dismissed in Minnesota in 2025
- Can a DWI Conviction Be Expunged in Minnesota?
- DWI Defense Based on Challenging Breath Test
- What Are the Different Levels of DWI in Minnesota?
Resources:
- Minnesota Office of Traffic Safety – DWI Laws
- Minnesota Department of Public Safety – License Reinstatement
- National Highway Traffic Safety Administration (NHTSA)
- Minnesota Judicial Branch – Criminal Defense Process
