A DWI arrest in Minnesota can raise immediate questions about criminal charges, chemical testing, driving privileges, prior offenses, and what happens next. Minnesota impaired-driving law can be complicated because the criminal case and driver’s license consequences may proceed separately, and a charge’s seriousness can change based on prior incidents and aggravating factors.

Keyser Law, P.A. represents people facing DWI and DUI allegations in Minneapolis and throughout Minnesota. The answers below address questions that frequently arise after an impaired-driving arrest. For a broader overview of DWI defense, visit our Minnesota DWI and DUI defense page.

Common Minnesota DWI Questions

• What happens after a DWI arrest in Minnesota?
• Is there a difference between DWI and DUI in Minnesota?
• What happens on a first DWI in Minnesota?
• What are the four degrees of DWI in Minnesota?
• What are aggravating factors in a Minnesota DWI case?
• Can I refuse a breath test in Minnesota?
• Can police require a blood or urine test?
• Will I lose my driver’s license after a DWI?
• Will I go to jail for a Minnesota DWI?
• How does a prior DWI affect a new charge?
• Can a Minnesota DWI be dismissed or reduced?
• What defenses may be available in a DWI case?
• When should I contact a Minnesota DWI lawyer?

What happens after a DWI arrest in Minnesota?

What happens next depends on the circumstances of the arrest. A person may be booked and released, held for a court appearance, given a citation or summons, or later receive a criminal complaint. There may also be separate consequences involving driving privileges.

You should evaluate both the criminal case and the driver’s license process. Important evidence may include body-camera and squad-car video, police reports, field sobriety testing, breath-test records, blood or urine evidence, search warrants, witness statements, and information concerning prior impaired-driving incidents.

Because deadlines and evidence issues can arise early, speaking with a lawyer soon after the arrest can help clarify what needs attention first.

Is there a difference between DWI and DUI in Minnesota?

People commonly use both terms, but Minnesota’s criminal statutes generally use the term DWI, meaning driving while impaired. The law covers more than alcohol and can apply to impairment involving controlled substances, cannabis, certain intoxicating substances, or combinations of substances.

The important issue is not whether someone calls the allegation a DWI or DUI, but the specific offense charged and the evidence supporting it.

What happens on a first DWI in Minnesota?

A first-time DWI without an aggravating factor is generally prosecuted as Fourth Degree DWI, a misdemeanor. However, a first DWI does not automatically mean Fourth Degree DWI. An aggravating factor can increase the charge.

A first-time case may still involve criminal penalties, probation conditions, an alcohol or substance-use assessment, driver’s license consequences, ignition-interlock issues, increased insurance costs, and other practical consequences.

Even when the person has no prior DWI history, you should still review the facts of the stop, arrest, testing, and alleged impairment.

What are the four degrees of DWI in Minnesota?

Minnesota divides DWI offenses into four degrees:

• Fourth Degree DWI is generally the lowest level and is a misdemeanor.
• Third Degree DWI is a gross misdemeanor and may apply when one aggravating factor is present or in a chemical-test refusal case.
• Second Degree DWI is a gross misdemeanor and may apply when multiple aggravating factors are present or when refusal is combined with an aggravating factor.
• First Degree DWI is a felony and generally involves significant prior impaired-driving history or certain prior felony DWI convictions.

The correct degree depends on the current allegation and the person’s qualifying prior impaired-driving history.

What are aggravating factors in a Minnesota DWI case?

Minnesota law identifies several circumstances that can increase the seriousness of a DWI charge. Aggravating factors include:

• A qualified prior impaired-driving incident within the previous 10 years;
• An alcohol concentration of 0.16 or higher measured at the time of the offense or within the applicable statutory period; and
• Having a child under age 16 in the vehicle when the statutory age-difference requirement is also met.

Aggravating factors can affect the degree of the offense and the potential consequences, so prior records and the specific facts of the incident should be reviewed carefully.

Can I refuse a breath test in Minnesota?

Refusing a lawfully requested evidentiary breath test can itself be a criminal offense in Minnesota. Before requesting the breath test under Minnesota’s implied-consent law, law enforcement must provide the required advisory, including notice that refusal is a crime and that the person has a limited right to consult with an attorney before deciding whether to take the test.

Law enforcement should still examine a refusal allegation carefully. Issues may include whether the request was lawful, whether the advisory was properly given, whether the person actually refused, and whether the testing process complied with Minnesota law.

Learn more about Minnesota DWI test refusal charges.

Can police require a blood or urine test?

Blood and urine testing is treated differently from breath testing. Minnesota law generally requires a search warrant or a recognized exception to the warrant requirement for a blood or urine test.

When a blood or urine test is required pursuant to a search warrant, refusing the test can also result in criminal and driver’s license consequences. The circumstances surrounding the warrant, the test request, and the sample’s collection and handling may all become relevant to the defense.

Will I lose my driver’s license after a DWI?

A Minnesota DWI can create driver’s license consequences separate from the criminal prosecution. Depending on the circumstances, the state may take licensing action based on a test result, test refusal, a DWI conviction, prior impaired-driving history, or other statutory factors.

The length and type of restriction can vary, and options such as ignition interlock or review of the license action may be available in some cases. Because Minnesota has changed portions of its DWI licensing statutes over time, review the current notice and the driver’s individual record rather than assuming every DWI produces the same license penalty.

Will I go to jail for a Minnesota DWI?

Jail is possible in a Minnesota DWI case, but whether incarceration is required or likely depends on the degree of the offense, prior impaired-driving history, aggravating factors, the circumstances of the current case, and the eventual disposition.

Minnesota law contains mandatory penalty provisions for certain repeat impaired-driving offenses. A first-time misdemeanor DWI is therefore very different from a repeat gross misdemeanor or felony DWI case.

No attorney can responsibly predict a sentence based only on the fact that someone was arrested for DWI. The actual charge, record, evidence, and available defenses must be evaluated first.

How does a prior DWI affect a new charge?

Prior impaired-driving incidents can significantly affect a new Minnesota DWI case. A qualifying prior incident within the applicable lookback period may count as an aggravating factor, increase the degree of the new offense, affect driver’s license consequences, and lead to mandatory sentencing provisions.

Not every prior incident necessarily qualifies in the same way. The date, jurisdiction, disposition, and type of prior impaired-driving event may need to be examined before determining how it affects the current case.

Can a Minnesota DWI be dismissed or reduced?

Possibly. Whether dismissal or reduction is realistic depends on the evidence and legal issues in the individual case.

A DWI case may involve questions about the legality of the traffic stop, expansion of the stop, probable cause for arrest, field sobriety testing, chemical testing, search warrants, the reliability or admissibility of evidence, whether the person was actually driving or in physical control of the vehicle, and whether the prosecution can prove every element of the charged offense.

Some cases may be resolved through negotiation. Others may require motions, evidentiary hearings, or trial. An arrest alone does not establish that the state can prove the charge.

What defenses may be available in a DWI case?

The defense depends on the facts. Potential issues a Minnesota DWI lawyer may investigate include:

• Whether police had a lawful basis for the traffic stop;
• Whether the officer had sufficient grounds to expand the stop into a DWI investigation;
• Whether there was probable cause for the arrest;
• Whether field sobriety tests were administered and interpreted appropriately;
• Whether breath, blood, or urine testing complied with legal requirements;
• Whether chemical-test evidence is reliable and admissible;
• Whether a required search warrant was valid;
• Whether video or witness evidence contradicts the police account;
• Whether the state can prove driving or physical control; and
• Whether alleged prior impaired-driving incidents legally qualify to enhance the charge.

The goal of reviewing these issues is not to apply a generic defense to every case, but to identify weaknesses in the government’s evidence and determine the strategy that fits the particular facts.

When should I contact a Minnesota DWI lawyer?

It generally makes sense to contact a lawyer as soon as possible after a DWI arrest, test refusal, citation, summons, or notice affecting driving privileges. Early representation can provide time to preserve evidence, review video and test records, evaluate licensing issues, identify deadlines, and prepare for court.

Christopher Keyser is an MSBA Certified Criminal Law Specialist who represents clients facing DWI and other criminal charges throughout Minnesota.

Talk to Keyser Law, P.A. About a Minnesota DWI Case

A DWI arrest can affect driving privileges, employment, finances, and a person’s criminal record, but an arrest is not a conviction. Review the evidence and legal issues before drawing conclusions about the outcome.

Keyser Law, P.A. can evaluate the circumstances surrounding the stop, arrest, testing, prior record, and charge and explain the defense options that may be available.

Contact Keyser Law, P.A. for a free and confidential initial consultation.

• Minneapolis Office: (612) 338-5007
• Stillwater Office: (651) 689-4788
• Contact Keyser Law, P.A. online

For additional information about Minnesota criminal cases, visit our Minnesota Criminal Defense FAQs.