Minnesota DUI Laws

Minnesota, like most states, has what is referred to as an implied consent law. When you operate a vehicle on Minnesota roads, you are agreeing to submit yourself to a breath, blood, or urine test to determine if you are driving under the influence (DUI). It is a crime to refuse to submit to the test. Refusal to be tested can result in penalties which are consistent with the drunk driving laws of the state such as a one year suspension of your driver’s license. The laws apply to all recreational vehicles, boats, snowmobiles, and ATVs. When the driver’s license is revoked, you will be required to pay $680.oo to get it reinstated. You can be arrested even if you don’t show obvious signs of intoxication and convicted of a DUI in Minnesota without the chemical tests. The influence can be drugs, alcohol, or a combination of the two which includes inhalants. Minnesota takes DUI offenses very seriously.

It is considered a crime in Minnesota to operate a vehicle with a Blood Alcohol Content (BAC) of 0.08% or higher. Sentences are more severe for persons found to have a BAC of 0.15% or more. The “Per Se” BAC does not need any other proof of intoxication other than the 0.08% level for you to be convicted. The enhanced penalties applied to individuals with 0.15 to 0.20% will include more jail time, harsher fines, and driver’s license sanctions.

Minnesota law states that drivers under 21 may not be 0.02% or most states now have a zero tolerance law, anyone under the legal drinking age cannot have a BAC of more than 0.0
%. This amounts to one prescribed dose of over the counter cough medicine. DUI’s will be issued to 18 year olds or younger individuals with a measurable BAC of 0.0%, persons over 21 with a BAC of 0.08% and commercial drivers with a BAC of 0.04% or more.



In Minnesota, your first conviction is considered a fourth degree DWI and will result in up to 90 days of jail time and fines as high as $1,000.00. Your license may be suspended for 90 days. The suspension will increase to 180 days if the BAC is .20 or more or a passenger under the age of 16 is in the vehicle with you at the time. Your license will be suspended for one year if you refuse to take the blood, urine or breath test. You will have to wait 15 days to get a limited license as long as it is not an aggravated arrest. You may be required to install the Ignition Interlock Device on your vehicle at your own expense. You will also be required to pay a $250.00 License Reinstatement fee, a $430.00 License Reinstatement Surcharge, and a $24.00 Driver’s License Application fee.

In Minnesota, your second conviction is considered a third degree DWI and will result in up to one year of jail time and fines as high as $3,000.00. Your license may be suspended for 180 days. The suspension will increase to 360 days if the BAC is .20 or more or a passenger under the age of 16 is in the vehicle with you at the time. You will have to wait days to get a limited license for work and school as long as it is not an aggravated arrest. You may be required to install the Ignition Interlock Device on your vehicle at your own expense. You will also be required to pay a $250.00 License Reinstatement fee, a $430.00 License Reinstatement Surcharge, and a $24.00 Driver’s License Application fee. Your license plates for all of your vehicles will be taken and you will be issued a coded license plate.

Your third conviction is considered a second degree DWI and will result in up to one year of jail time and fines as high as $3,000.00. Your license may be suspended indefinitely until you have completed any court ordered treatment, rehabilitation, and proven abstinence for one year. You may be required to install the Ignition Interlock Device on your vehicle at your own expense. Your license plates for all of your vehicles will be taken and you will be issued a coded license plate.

Your fourth DWI in Minnesota is considered a felony. You could possibly receive a seven year jail sentence and a $14,000.00 fine.