Find a Minnesota DWI Lawyer

You can't afford to wait if you've been charged with Drunk Driving in Minnesota or received a DWI (Driving While Intoxicated). You need immediate help. We are here to help you find a Minnesota DWI Lawyer.

Under Minnesota law, you have only 7 days in which to appeal your Administrative Suspension. Acting quickly now will help protect your rights.

Fill out the free form or call us at 1-866-995-9510 and we'll help you find a Minnesota DWI Lawyer who will champion your rights.

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Administrative Sanctions
Apart from any criminal penalties that may result from a DWI arrest, the law provides for three administrative sanctions, which can commence immediately upon arrest.
1) Administrative License Revocation (ALR)
Whenever the implied consent law can be invoked during the arrest process, the person's drive's license can be withdrawn immediately following any test failure or test refusal. The person is given a seven-day temporary license to drive before the withdrawal becomes effective.

The period of license withdrawal is as follows:
90 days for a person with no qualified prior impaired driving incident within the past ten years and no other aggravating factor was present in the current incident (reducible to 30 days upon DWI conviction for a first-time offender) six months, if violator is under age 21
180 days, if person has had a qualified prior impaired driving incident within ten years double the applicable period above, if the person was arrested with an alcohol concentration of .20 or more or while having a child under age 16 in the vehicle one year, if the person refused to submit to the chemical test of blood, breath, or urine (reducible to 90 days upon DWI conviction for a first-time violation) cancelled and denied indefinitely as inimical to public safety, pending treatment and rehabilitation for a third or more impaired driving incident within a ten-year period The person may appeal the administrative license revocation, either administratively to DPS and/or judicially through the court.

2) Administrative License Plate Impoundment A plate impoundment violation is an impaired driving violation involving an aggravating factor, such as any of the following:

  • occurring within ten years of a qualified prior impaired driving violation by that person
  • involving an alcohol concentration of .20 or more
  • having a child under age 16 present in the vehicle
  • occurring while the person's license has been cancelled for the person being inimical to public safety
Plate impoundment applies to:
  • the vehicle used in the plate impoundment violation,
  • as well as any vehicle owned, registered, or leased in the name of the violator, whether alone or jointly.
A plate impoundment order is issued by the arresting officer at the time of arrest and is effective immediately. The officer also seizes the plates and issues a temporary vehicle permit valid for seven days (or 45 days if the violator is not the owner). The minimum term of plate impoundment is one year, during which time the violator may not drive any motor vehicle unless the vehicle displays specially coded plates and the person has been validly relicensed to drive. The violator is also subject to certain restrictions when selling or acquiring a vehicle during the impoundment period. Specially coded license plates signifying to law enforcement that the regular plates have been impounded for an impaired driving violation may be issued for the vehicle(s), provided that:
  • the violator has a properly licensed substitute driver;
  • a member of the violator's household is validly licensed;
  • the violator has been validly relicensed; or
  • the owner is not the violator and is validly licensed.
It is a crime for a driver whose plates have been impounded to attempt to evade the plate impoundment law in certain specified ways, or for another person to enable such evasion. As with the driver's license withdrawal sanction, a person incurring license plate impoundment may appeal this sanction both administratively and/or judicially through the court. (See Minn. Stat. 169A.60 for the procedural details.)

3) Administrative Vehicle Forfeiture Minnesota's DWI law provides for vehicle forfeiture for a designated license revocation or designated offense, which is typically the third DWI violation within a ten-year period, though with one or more aggravating factors, a person's second-time or even first-time violation might qualify as well. DWI law defines "designated license revocation" as a license revocation or commercial license disqualification for an implied consent violation within ten years of two or more qualified prior impaired driving incidents. The term "designated offense" includes a DWI violation in the first or second degree or involving a person whose driver's license is cancelled as inimical to public safety or subject to B-Card (no alcohol) restrictions. The law provides that the arresting officer may seize the vehicle and requires that the prosecuting authority serve notice to the owner(s) of the intent to forfeit. The forfeiture is conducted administratively, unless within 30 days the owner appeals the forfeiture action by filing for a judicial determination of the forfeiture. A vehicle is subject to forfeiture under this law only if:
  • it was used in the commission of a designated offense and the driver was convicted of that offense or failed to appear at trial on it, or
  • it was used in conduct resulting in a designated license revocation and the driver either fails to seek administrative or judicial review of the revocation in a timely manner or the revocation is sustained upon review

source: www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf

Criminal Penalties

Criminal penalties upon conviction for DWI are tiered, as follows:

Fourth-Degree DWI - misdemeanor, punishable by up to 90 days of jail and a $1,000 fine (for the person's first impaired driving violation within ten years without test refusal or any aggravating factors)

Third-Degree DWI - a gross misdemeanor, punishable by up to one year of jail and a $3,000 fine (for the person's second impaired driving violation within ten years or first such violation with test refusal or another aggravating factor)

Second-Degree DWI - also a gross misdemeanor (for the person's third impaired driving violation within ten years or second such violation with test refusal or one other aggravating factor, or first such violation with two aggravating factors)

First-Degree DWI - felony, punishable by up to seven years' imprisonment and a $14,000 fine (for the person's fourth impaired driving violation within ten years or anytime following a previous felony DWI or criminal vehicular operation conviction; other aggravating factors are not considered)

Aggravating Factor
This includes: a qualified prior impaired driving incident within the preceding ten years; an alcohol concentration of .20 or more upon arrest (but not for first-degree DWI); and the presence of a child under age 16 in the vehicle, if more than 36 months younger than the offender (but not for first-degree DWI).

Qualified Prior Impaired Driving Incident
This includes both: prior impaired driving convictions; and prior impaired driving-related losses of license (implied consent revocations) or operating privileges for separate driving incidents within the preceding ten years involving any kind of motor vehicle, including passenger motor vehicle, school bus or Head Start bus, commercial motor vehicle, airplane, snowmobile, all terrain vehicle, off-road recreational vehicle, or motorboat in operation.
source: www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf

Our Minnesota Criminal Defense Lawyers have proven track records in representing those accused of drunk driving. Getting expert legal help with your Minnesota DWI can be affordable and easy. Many of our Minnesota DWI Lawyers offer a free initial case evaluation and flexible payment options.


Minnesota Drivers Information:
Motor Vehicle Department: http://www.dps.state.mn.us/DVS
DUI Laws: https://www.revisor.leg.state.mn.us/statutes/?id=169A
Driver's Manual: http://www.dps.state.mn.us/dvs/DLTraining/DLManual/DLManual.htm

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