What to Do If You’re Charged with a First DWI in Minnesota

Being charged with a first DWI (Driving While Impaired) in Minnesota can feel overwhelming and uncertain.

Questions like “Will I go to jail?”, “Will I lose my license?”, or “Do I need a lawyer?” are common and valid concerns. While a DWI is a serious matter, it doesn’t have to define your future.

Minnesota law has specific penalties and procedures for first-time offenders, and understanding your rights and options can make a significant difference in the outcome of your case.

In this guide, we’ll walk you through what to expect after a first DWI charge, the immediate steps you should take, and how to safeguard your rights throughout the legal process..

What Constitutes a First DWI in Minnesota?

In Minnesota, a DWI (Driving While Impaired) is defined as operating, driving, or being in control of a motor vehicle while meeting any of the following criteria: having a blood alcohol concentration (BAC) of 0.08% or higher, being under the influence of alcohol or drugs, or having any detectable amount of a controlled substance in your system. These standards collectively establish what qualifies as impaired driving under Minnesota law.

A first DWI offense generally applies to individuals with no prior DWI convictions or license revocations within the past 10 years. For those with no previous arrests or convictions related to impaired driving, this is classified as a first-time offense under state law.

What to Expect After a DWI Arrest

Being arrested for a suspected DWI sets several processes into motion. Here’s what typically happens:

1. Chemical Testing

After your arrest, you will be required to take a breath, blood, or urine test to measure your Blood Alcohol Concentration (BAC). Refusing this test is a separate offense in Minnesota and comes with automatic penalties.

2. Booking and Detention

You may be taken to jail, where you’ll remain until you are sober or for a minimum required period. In most first-time DWI cases, individuals are released the following day.

3. License Revocation Notice

If your BAC is 0.08 or higher, or if you refuse testing, the Department of Public Safety (DPS) may revoke your driver’s license. Typically, you’ll be issued a temporary 7-day license along with a notice of revocation.

4. Potential Vehicle Impoundment

In cases where your BAC is 0.16 or higher, or if aggravating factors like having a child in the vehicle are present, your license plates may be subject to impoundment.

Understanding what happens after a DWI arrest can help you prepare for the next steps and their potential impact.

What Are the Penalties for a First DWI in Minnesota?

Penalties for a first DWI depend on the facts of your case — particularly your BAC and whether there were aggravating factors. Here’s a breakdown:

Standard First DWI (BAC under 0.16)

• Misdemeanor charge
• Up to 90 days in jail
• Up to $1,000 fine
• License revoked for 90 days (30 days with guilty plea, 15-day work permit possible)
• Possible probation, alcohol education, and community service

Aggravated First DWI (BAC 0.16+ or child in vehicle)

• Gross misdemeanor
• Up to 1 year in jail
• Up to $3,000 fine
• License revoked for 1 year
• Ignition Interlock Device (IID) may be required
• Possible plate impoundment and longer probation

What to Do Immediately After a DWI Charge

Facing a DWI charge can be overwhelming, but taking the right steps early on can make all the difference. Here’s what you should do:

1. Stay Calm and Cooperative

Remain calm and comply with law enforcement. Avoid arguing or resisting arrest, as this can influence how you’re treated and may impact your case later.

2. Exercise Your Right to an Attorney

You have the legal right to consult an attorney before answering questions or agreeing to any tests. Use this right to protect yourself and ensure you’re properly advised.

3. Document the Details

As soon as you’re released, write down everything you can recall about the incident, including:

• The reason you were stopped
• Any conversations with the police
• Field sobriety or breath tests conducted
• The presence of any witnesses

This information could be crucial in building your defense.

4. Request a DMV Hearing

Act quickly to challenge your license revocation by requesting a DMV hearing (also called an implied consent hearing). You only have 60 days to file this request. Remember, this is a separate process from your criminal case and must be addressed promptly.

5. Hire an Experienced DWI Attorney

A skilled DWI attorney in Minnesota can guide you through the process and help you:

• Understand your charges
• Handle court proceedings and license hearings
• Negotiate for a reduced sentence or case dismissal
• Explore options like diversion programs or treatment
• Safeguard your driving privileges and future employment opportunities

Taking these steps early can significantly impact the outcome of your case and help you move forward.

Can You Avoid Jail for a First DWI?

Yes, many first-time DWI offenders avoid jail, especially if:

• Your BAC was below 0.16
• No one was injured
• You didn’t refuse testing
• You follow all court requirements

First-time offenders may qualify for alternative sentencing such as:

• Probation with no jail time
• Community service
• Chemical dependency evaluation
• DWI education classes
• Enrollment in the Ignition Interlock Device (IID) program

Jail time is more likely if your BAC was high or if you had a minor in the vehicle.

How Will a First DWI Affect Your Driver’s License?

Minnesota has administrative (civil) and criminal penalties for DWIs. The civil side affects your license.

For a first-time DWI with BAC under 0.16:

• 90-day revocation
• You may be eligible for a limited license (after 15 days)
• 30-day revocation if you plead guilty early

For BAC 0.16 or more, or refusal:

• 1-year revocation
• Must enroll in Ignition Interlock Program to drive legally

You may also need SR-22 insurance, a higher-cost policy proving financial responsibility.

Does a First DWI Stay on Your Record?

In Minnesota, a first DWI is typically classified as either a misdemeanor or a gross misdemeanor and will remain on both your criminal and driving records.

The state enforces a 10-year lookback period, meaning any additional DWIs within that timeframe will result in harsher penalties. While expungement may be possible, it is not automatic and can only be pursued four years after completing probation.

Seeking guidance from an experienced attorney can help you navigate the expungement process, file the necessary petition, and advocate for the clearance of your record in court.

How Much Will a First DWI Cost You?

A first DWI can be expensive, even without jail. Here’s a rough estimate of costs:

Total cost? Anywhere from $4,000 to $10,000 or more.

Can You Drive to Work After a First DWI?

After a first DWI, you may still be able to drive under certain conditions by qualifying for a limited license or enrolling in the Ignition Interlock Program.

Eligibility and requirements are determined by the court or DMV and often include strict guidelines, such as driving only during specific hours or for essential purposes like commuting to work, attending school, receiving treatment, or managing childcare responsibilities.

It’s crucial to fully comply with these conditions, as any violations can result in the suspension of your license and additional legal consequences. By adhering to the rules, you can avoid further complications and stay on the right path.

Depend on DeVore Criminal Defense for Your DWI Case

Facing a DWI charge in Minnesota? Kevin DeVore and the DeVore Law Office are here to provide expert legal support. With extensive experience in DWI defense, Kevin offers personalized, strategic representation tailored to your specific situation.

A DWI charge can feel overwhelming, bringing the risk of fines, jail time, license suspension, and long-term consequences. But you don’t have to navigate it alone.

Whether it’s your first offense or a more serious charge, DeVore Law Office employs proven defense strategies. These include challenging the legality of the traffic stop, questioning the accuracy of sobriety tests, and working to reduce charges—or even have your case dismissed.

Located in Woodbury, Minnesota, Kevin DeVore serves clients throughout the metro area, including St. Paul and neighboring communities. Let DeVore Criminal Defense guide you through this difficult time with expertise, compassion, and a steadfast commitment to achieving the best possible outcome for your case.

FAQs

What happens if I’m charged with a first offense DWI in Minnesota?

A first offense DWI in Minnesota is usually a misdemeanor, but penalties depend on your BAC (blood alcohol concentration). If your BAC is under the legal limit of 0.08%, charges may be dropped. If it’s above 0.08%, you could face fines, license suspension, and possible jail time.

What if my BAC was 0.16 or higher?

A BAC of 0.16 or higher raises the charge to a gross misdemeanor, even for a first offense. This can mean up to one year in jail, increased fines, and mandatory ignition interlock device use. The higher the BAC, the more severe the penalties.

Is a DUI in Minnesota the same as a DWI?

Yes, DUI and DWI are often used interchangeably. Minnesota officially uses the term “DWI,” but both refer to driving under the influence of alcohol or drugs.

Should I hire a legal team after a first DWI?

Absolutely. Even a first offense can carry serious consequences. Our experienced team can help you understand your rights, your DWI degree, and your best legal options moving forward.