DUI Laws in Minnesota

0.08 for most drivers; 0.04 for commercial vehicle drivers. A driver can be arrested for DWI at 0.04 if alcohol caused driving errors. Drivers under 21 may not drive while consuming or after consuming alcohol ('Not a Drop' law).

A first DWI without aggravating factors is fourth-degree DWI, a misdemeanor punishable by up to 90 days in jail, a $1,000 fine, or both. For a test failure with no prior incidents in 20 years, the license is revoked for at least 90 days (at least 180 days if under 21 and below twice the legal limit; at least 1 year at twice the legal limit or more). The DVS manual says the revocation may be 30 days with a guilty plea, a work permit is not available until 15 days have passed (and not at 0.16 or above), and ignition interlock is optional for first offenders. Reinstatement after an alcohol-related revocation costs $680.

First-degree DWI is a felony (up to 7 years in prison and/or a $14,000 fine, plus mandatory penalties). It applies when the person: (1) commits DWI within 10 years of the first of three or more 'qualified prior impaired driving incidents' (prior DWI convictions or impaired-driving license revocations), so it is generally a fourth DWI incident within 10 years; (2) has a previous felony DWI conviction; or (3) has a previous felony conviction for substance-related criminal vehicular homicide or injury.

A driver an officer has probable cause to believe is impaired must submit to a blood, breath or urine test; refusing is a crime. Refusal with no qualified prior impaired driving incident in the past 20 years results in a license revocation of at least one year; with a prior incident, revocation lasts until the person completes the required ignition interlock period. The DVS manual says refusal leads to revocation of one to six years depending on the number of offenses.

10 years for criminal penalties: a qualified prior impaired driving incident within the ten years immediately before the current offense is an aggravating factor that raises the degree of DWI; a fourth DWI within 10 years is a felony. License revocation periods count prior incidents within the past 20 years.

Minnesota law requires the driving record for alcohol-related offenses and licensing actions — prior impaired driving convictions and impaired driving-related license revocations — to be kept permanently. Most other convictions must be kept at least five years. The alcohol concentration test result is also recorded on the driving record for a DWI conviction or revocation. Whether and when a DWI can be sealed from the criminal record under Minnesota's expungement law was not confirmed for DWI specifically.

DVS may issue a limited license during some suspensions or revocations, once mandatory waiting periods are met. It allows driving only for work, chemical dependency treatment or counseling, and school. Only one limited license is allowed in a 24-month period. For DWI/implied consent, a limited license is available for a first offense on record (or a second with the first more than 10 years old) only if the test was 0.15 or below or the person refused the test.