Is a DWI offense in Minnesota a misdemeanor or felony charge?

In Minnesota, a DWI is usually a misdemeanor crime.  However, a First Degree DWI offense is a felony charge.  Refer to the chart below.

What type of penalties might I face if I am convicted of an Minnesota DWI charge?

Upon conviction of an Minnesota DWI offense, a defendant can receive a variety of penalties including alcohol treatment / education.  A range of minimum penalties is set forth below: 

Will my defense lawyer be able to plea bargain / negotiate my Minnesota DWI charge down to another (lesser) offense?

Possibly.  Any experienced Minnesota DWI lawyer will attempt to negotiate with the prosecution on the client's behalf.  Sometimes, your only option will be to plead guilty to the charge or take your case to trial.

Will a Minnesota DWI conviction go on "my driving record?"

Yes.  A DWI conviction will go on your Minnesota driving record and will stay on your record for at least 10 years.  You cannot expunge a Minnesota DWI conviction.

Just how much jail / prison time will I have to do if I am convicted of a DWI in Minnesota?

The amount of incarceration (jail or prison) received will depend on a number of factors, including (but not limited to) the following:

•  your prior driving record especially your DUI history (including any DUI's outside of Minnesota);

•  your level of intoxication / BAC (BAC of 0.20 or greater can generate greater penalties);

•  whether there was an collision involved;

•  whether there was injury to another person in the crash;

•  which Minnesota county or court your case is in;

•  what judge you are sentenced by;

•  whether there was a passenger / child in your car (especially a child passenger under 16 and at least three years younger than defendant driver);

•  whether the judge feels you have accepted responsibility for your actions.

I am licensed to drive in a state other than Minnesota and I was cited for a DUI / DWI in Minnesota.  Will my driver license be revoked or suspended?

Minnesota only has the authority to revoke your right to drive in the State of Minnesota.  However, Minnesota and 44 other states and the District of Columbia have adopted an agreement known as the "Driver License Compact."  Minnesota will report a driving while impaired conviction to the home state of the driver (assuming the home state has also adopted the Compact).  Your home state will then generally take action to suspend or revoke your license.

This also works in reverse.  If you are a Minnesota licensed driver and you are convicted of a DWI / OWI / DUI charge in another state, Minnesota will revoke your license if it learns of the conviction. 

Will I have to install an Ignition Interlock Device on my car?

A ignition interlock device (IID) is a breath alcohol measurement device that is connected to a motor vehicle ignition.  In order to start the motor vehicle, a driver must blow a breath sample into the device which then measures alcohol concentration.  If the alcohol concentration exceeds the startup set point on the interlock device, the motor vehicle will not start.  The device also requires the driver to blow into the device at periodic intervals while driving in order to prevent cheating. 

Minnesota implemented a state wide IID pilot program in the summer of 2009.  This program allows individuals who have had their licenses revoked due to multiple DWI convictions to get their licenses back earlier (a restricted license) if they agree to install an IID in their vehicle.  Using an IID will enable a driver to drive to and from work, attend substance abuse treatment sessions and AA meetings and keep appointments with the court and probation department.  The table below was prepared by the State of Minnesota to help you determine how much sooner you may drive by installing an IID in your vehicle.

What will a Minnesota DWI do to my insurability?

If your insurance company finds out about your DWI conviction one of two things are likely to happen.  Either your Minnesota insurer will raise your insurance rates or you may be cancelled or non-renewed. 

What is an SR-22 / Financial Responsibility Insurance?

An SR-22 is a form from an licensed insurance company certifying that you have purchased liability insurance that meets the minimum required coverage limits.  The SR-22 provides proof to the the state's DMV that you are insured.  If you cancel your insurance or the insurance company cancels your policy before your suspension period is over, the company must notify the DMV. 

Are there special concerns for licensed pilots who get an Minnesota DWI?

Yes.  The FAA has special reporting requirements for certain Motor Vehicle Actions including Minnesota DWI convictions and certain implied consent license suspensions.  Learn more here.