Minnesota does not treat every impaired driving case the same. A single DWI arrest can be charged as anything from a misdemeanor to a felony, and the difference comes down to a small set of factors defined by statute. Understanding which degree applies to your case is the first step in understanding what you are actually facing.
The Four Degrees of DWI in Minnesota
Minnesota’s impaired driving crime is defined in Minn. Stat. § 169A.20. The degree is then set by the number of aggravating factors present, as described in § 169A.24 through § 169A.27.
Fourth Degree DWI — Misdemeanor
A first offense with no aggravating factors. Maximum penalty is 90 days in jail and a $1,000 fine. Most first-time cases start here.
Read more about 4th degree DWI in Minnesota →
Third Degree DWI — Gross Misdemeanor
One aggravating factor, or a test refusal. Maximum penalty is one year in jail and a $3,000 fine. This is the most commonly searched degree because a single prior within ten years, or a refusal to submit to testing, moves a case here.
Read more about 3rd degree DWI in Minnesota →
Second Degree DWI — Gross Misdemeanor
Two or more aggravating factors, or a refusal combined with one aggravating factor. Maximum penalty is one year in jail and a $3,000 fine, and the vehicle is subject to forfeiture.
Read more about 2nd degree DWI in Minnesota →
First Degree DWI — Felony
Three or more prior impaired driving incidents within ten years, or any prior felony DWI, or a prior felony criminal vehicular operation conviction. Maximum penalty is seven years in prison and a $14,000 fine, plus mandatory minimum incarceration and long-term license consequences.
Read more about 1st degree DWI in Minnesota →
What Counts as an Aggravating Factor?
Under Minn. Stat. § 169A.03, an aggravating factor is any of the following:
- A qualified prior impaired driving incident within the past ten years
- An alcohol concentration of 0.16 or more at the time of testing
- A child under the age of 16 in the vehicle, if the child is more than 36 months younger than the driver
Each additional factor escalates the degree. This is why two cases with identical driving conduct can carry radically different exposure.
Degree Comparison at a Glance
| Degree | Classification | Trigger | Maximum Penalty |
|---|---|---|---|
| Fourth | Misdemeanor | No aggravating factors | 90 days / $1,000 |
| Third | Gross misdemeanor | One factor, or test refusal | 1 year / $3,000 |
| Second | Gross misdemeanor | Two factors, or refusal + one factor | 1 year / $3,000 + forfeiture |
| First | Felony | Three priors in 10 years, or prior felony DWI | 7 years / $14,000 |
Related: Test Refusal, Repeat Offenses, and Vehicle Forfeiture
Three related issues frequently arise alongside a degree determination: test refusal, which by itself elevates a case to third degree; repeat DWI exposure, which drives the ten-year prior calculation; and vehicle seizure and forfeiture, which attaches at second degree and above.
The License Consequence Runs on a Separate Track
Many people are surprised to learn that the driver’s license revocation is a civil action handled by the Department of Public Safety, entirely separate from the criminal case. The window to challenge the revocation through an implied consent hearing is short and is measured in days, not months. Missing it forfeits the challenge even if the criminal case is later dismissed.
Why the Degree Is Not Fixed
The charged degree is the prosecutor’s opening position, not a verdict. Degrees are regularly reduced when the stop lacked reasonable articulable suspicion, when the testing procedure or instrument maintenance is defective, when a claimed prior does not legally qualify, or when the alleged 0.16 reading cannot withstand scrutiny. The analysis has to happen early, while the implied consent clock is still running.
Speak With a Minnesota DWI Attorney
Martin S. Azarian is a Minnesota criminal defense attorney with more than 30 years of experience defending impaired driving cases at every degree, from first-offense misdemeanors to felony charges. He handles cases throughout Hennepin, Ramsey, Anoka, Dakota, Scott, and Washington counties.
Call (612) 343-9000 for a free case evaluation.