What is the Penalty for the First DWI in Minnesota?
A first-time DWI in Minnesota can lead to serious legal, financial, and personal consequences—even if you’ve never been in trouble before. A first-time DWI offense in Minnesota is typically classified as a fourth-degree DWI, which is considered a misdemeanor. What is the penalty for a first DWI in Minnesota, and how bad can it really get?
For a first offense, a Minnesota DWI is usually charged as a misdemeanor punishable by up to 90 days in jail, a $1,000 fine, and a 90-day license suspension. However, aggravating factors like a high BAC, test refusal, or a child passenger can elevate the charge to a gross misdemeanor, increasing penalties significantly.
At Gerald Miller, P.A., we’ve helped thousands of Minnesotans fight DWI charges, reduce penalties, and avoid license loss. If arrested for DWI, the police typically take the driver to a police station for booking. If you’ve been arrested, don’t plead guilty—your case may be more defensible than you think.
How Minnesota Defines a First-Time DWI
A first-time DWI offense in Minnesota means you’ve never been convicted of DWI or had a license revocation due to impaired driving within the past 10 years. This 10-year period is known as the “lookback” window.
To be charged with DWI in Minnesota, a person must:
- Have a blood alcohol concentration (BAC) of 0.08% or higher, or
- Be under the influence of alcohol, drugs, or a combination, or
- Refuse a chemical test under Minnesota’s Implied Consent Law
Even if your BAC is under 0.08%, you can still be charged if an officer believes you’re impaired.
What Are the Criminal Penalties for a First DWI in Minnesota?
Most first-time DWIs are classified as misdemeanors unless aggravating factors are present.
Standard First-Time DWI (BAC under 0.16, no test refusal, no child in car):
- Maximum jail time: 90 days
- Maximum fine: $1,000 (fines for a first-time DWI offense can vary but typically range from $300 to $1,000)
- No mandatory minimum jail sentence
- Most defendants are released after booking and may avoid further incarceration
Though misdemeanor DWI charges sound minor, the conviction can still carry long-term consequences.
What Elevates a First DWI to a Gross Misdemeanor?
Minnesota law increases the severity of a DWI if any of the following aggravating factors are present:
- BAC of 0.16 or higher
- Refusal to submit to a breath, blood, or urine test
- Child passenger under age 16 in the vehicle
Gross Misdemeanor First-Time DWI Penalties:
- Up to 1 year in jail
- Fines up to $3,000
- Greater likelihood of extended license revocation
- Possible ignition interlock and impoundment of license plates
What Are the Administrative Penalties After a First DWI?
Separate from your criminal case, the Minnesota Department of Public Safety (DPS) imposes administrative sanctions—including immediate license revocation. The civil component involves an implied consent hearing after driving privileges are revoked.
| Condition | License Revocation Period |
|---|---|
| BAC 0.08% – 0.15% | 90 days (30 days with guilty plea) |
| BAC 0.16% or higher | 1 year |
| Refusal to submit to testing | 1 year |
| Passenger under age 16 | 1 year |
If your license is revoked, you may be eligible for:
- Limited license (work/school permit) after 15 days
- Ignition Interlock Device (IID) Program for early reinstatement
These penalties begin automatically unless you challenge them in court within 30 days of the notice.
Will I Go to Jail for a First DWI in Minnesota?
Not necessarily. While a first-time DWI conviction allows for jail time, most non-aggravated offenders:
- Are booked and released
- May receive a stayed sentence (jail time suspended if probation is completed)
- May serve time through community service or electronic home monitoring
- May be required to attend a DUI education program and undergo a chemical dependency assessment during probation
- Are booked and released
- May receive a stayed sentence (jail time suspended if probation is completed)
- May serve time through community service or electronic home monitoring
- May be required to attend a DUI education program and undergo a chemical dependency assessment during probation
- Are booked and released
- May receive a stayed sentence (jail time suspended if probation is completed)
- May serve time through community service or electronic home monitoring
- May be required to attend a DUI education program and undergo a chemical dependency assessment during probation
Aggravated cases or repeat test refusals, however, can lead to actual jail time.
Will a DWI Affect My Insurance?
Yes. A first DWI conviction typically causes a dramatic increase in car insurance premiums—often doubling or tripling your current rate.
Additional impacts may include:
- Being dropped by your insurer
- Needing to obtain SR-22 insurance (proof of financial responsibility)
- Difficulty finding affordable coverage for 3–5 years
Even if your DWI is reduced or dismissed, the arrest may still appear on your motor vehicle record and trigger premium increases.
Will I Need an Ignition Interlock Device for My First DWI?
Only in certain circumstances. The IID requirement typically applies to:
- BAC of 0.16 or higher
- Refusal to take a chemical test
- Early license reinstatement after a 1-year revocation
Ignition interlock devices are installed under the vehicle’s dashboard and connected to the starter.
- BAC of 0.16 or higher
- Refusal to take a chemical test
- Early license reinstatement after a 1-year revocation
Ignition interlock devices give DWI offenders a chance to regain driving privileges by ensuring safe and legal driving.
- BAC of 0.16 or higher
- Refusal to take a chemical test
- Early license reinstatement after a 1-year revocation
What to Know About IIDs:
- Installed at your expense (:. $90–$125/month)
- Requires regular calibration and maintenance
- Tracks your BAC each time you start the vehicle
- Failing the test can result in re-suspension
Before starting the vehicle, a driver must breathe into the ignition interlock device. The vehicle will start if the driver’s BAC is below 0.02 when using an ignition interlock device.
Some drivers opt into the IID program voluntarily to regain full driving privileges faster.
What Are the Collateral Consequences of a First DWI?
Even a misdemeanor DWI can impact your life in unexpected ways, including:
- Difficulty obtaining jobs, especially those requiring driving
- Housing challenges due to background checks
- Professional licensing issues (nurses, teachers, CDL holders)
- Travel restrictions to certain countries (e.g., Canada)
- Child custody complications in family law matters
A DWI conviction may also affect your ability to travel internationally. Certain countries may prohibit entry for individuals with a DWI conviction.
- Difficulty obtaining jobs, especially those requiring driving
- Housing challenges due to background checks
- Professional licensing issues (nurses, teachers, CDL holders)
- Travel restrictions to certain countries (e.g., Canada)
- Child custody complications in family law matters
A conviction stays on your criminal record permanently unless expunged.
Can a First-Time DWI Be Dismissed or Reduced?
Yes—many first-time DWIs are defensible, especially with experienced legal representation. A DUI attorney is essential for navigating the complexities of a DWI case. An experienced attorney can negotiate plea deals on behalf of the defendant. The first court appearance after a DWI arrest is called an arraignment, where charges are formally presented. During the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. If the defendant pleads not guilty, the court sets a date for a trial.
Common defense strategies include:
- Lack of probable cause for the traffic stop
- Faulty breathalyzer calibration
- Improper administration of field sobriety tests
- Medical conditions mistaken for impairment
- Violation of your constitutional rights
Evidence gathered without probable cause may be inadmissible in court. The court will not allow evidence gathered from an unlawful stop to support the case.
- Lack of probable cause for the traffic stop
- Faulty breathalyzer calibration
- Improper administration of field sobriety tests
- Medical conditions mistaken for impairment
- Violation of your constitutional rights
Defense strategies should be tailored to the specifics of the case.
- Lack of probable cause for the traffic stop
- Faulty breathalyzer calibration
- Improper administration of field sobriety tests
- Medical conditions mistaken for impairment
- Violation of your constitutional rights
In some cases, an attorney may negotiate a reduction to careless driving or secure a stay of adjudication, keeping your record clean.
Do I Need a Lawyer for My First DWI in Minnesota?
Absolutely. Even for a first offense, a DWI conviction can cost you your license, career opportunities, and financial stability. The criminal justice system moves quickly—and without guidance, you risk missing important deadlines or defenses.
An experienced DWI attorney can:
- Fight for dismissal or reduction of charges
- Protect your driver’s license and challenge revocation
- Represent you at both the criminal and administrative levels
- Explore diversion programs or deferred adjudication
Hiring the right attorney early can mean the difference between conviction and a clean record.
Why Choose Gerald Miller, P.A. to Fight Your DWI?
Gerald Miller, P.A. is one of Minnesota’s most trusted DWI defense firms. With over 40 years of experience, our attorneys have:
- Defended thousands of first-time DWI clients
- Secured countless charge dismissals and reductions
- Prevented license suspensions and minimized jail exposure
- Built strong reputations with judges, prosecutors, and DMV officials
- Delivered 24/7 client support with personalized defense strategies
Free Case Review for First-Time DWI Charges
A first DWI doesn’t have to define your future. Let us review your case and fight to protect your license, your record, and your reputation.
Call 612-341-9080 to schedule your free consultation.
Further Reading:
- DWI Defense Based on Challenging Breath Test
- How To Get a DWI Dismissed in Minnesota
- What Are the Different Levels of DWI in Minnesota?
- What Does Aggravated DWI Mean?
Resources:
- Minnesota DWI Laws – Statute § 169A
- Minnesota DPS – Ignition Interlock Program
- National Highway Traffic Safety Administration – DWI Resources
