Alcohol and Minnesota Law

"Don't Rely on Luck or Fate, Now that the Limit is .08"


Currently in the state of Minnesota, if your blood alcohol concentration (BAC) level is 0.08 or higher (0.04 in a commercial vehicle) and you are in control of a moving or parked vehicle, you can be arrested for driving while intoxicated (DWI). If a law enforcement officer can prove that alcohol caused you to commit driving errors, you can be convicted of DWI at lower alcohol concentrations.

Minnesota Impaired Driving Penalties Driver’s License Sanctions

Many years ago, first offenders had a good chance of getting off with a small fine and required participation in drinking-driver’s education classes. Today, the laws of most states including Minnesota, impose stiff penalties if you get arrested for DWI. And those penalties are mandatory, meaning that judges must impose them.

Each year, over 30,000 people are arrested in Minnesota for DWI. Each person may experience unique criminal penalities in addition to administrative license sanctions, depending on the arrest situation and previous driving violations and criminal record.

If you were arrested for a first DWI offense in Minnesota, and assuming that your BAC was under .20, according to the state you could generally expect the following imposed penalties:

  • Arrest - Misdemeanor

  • Criminal Penalties - 90 days in jail and/or $1,000 fine

  • Driver’s License Sanctions - 90 day license revocation/30 day if plead guilty to DWI


    • If you refused BAC test (additional charge to DWI)

  • Arrest - Gross Misdemeanor, License Plates Impounded

  • Criminal Penalties - 1 Year in jail and/or $3,000 fine

  • Driver’s License Sanctions - 1 year license revocation/30 day if plead guilty to DWI, or 90 day if plead guilty to test refusal


    • In addition, all alcohol-related revocations of a Minnesota driver’s license require a $680.00 reinstatement fee, DWI knowledge test, a driver’s license application with fees, and a chemical assessment.

    Note: The information above is a guide and should not be considered legal advice. This information is summarized from the State of Minnesota Office of Traffic Safety website. This information as well as additional information relating to penalties for second DWI, third and fourth offenses can be found at the following links.

    (If you have Acrobat Reader installed, just click on one of the links below, if not, you can download Acobat Reader by clicking on this icon)


    Minnesota Impaired Driving Penalties and Driver’s License Sanctions, Part 1
    Minnesota Impaired Driving Penalties and Driver’s License Sanctions, Part 2

    Here are some DWI poster slogans from the Drive Sober campaign found on the same website

    "One DWI Can Cost You Over $15,000" "Talk About Your Un-Happy Hour"
    "DWI. It's How Your Lawyer Affords Those Nice Suits"
    "When The Bartender Says, "Last Call" Make It A Taxi"
    "Can You Really Fit That Funeral Into Your Busy Schedule?"

    Some Other Possible Costs to Consider Associated with a DWI Arrest:

    Insurance – possibly $500.to $1,000 increase in annual premiums
    Lawyer fees - for court representation
    Lost work time - time spent in jail, court or alcohol-education programs
    Public transportation costs - (while your license is suspended)
    Psychological cost - being tagged a “drunk driver.”
    If you were involved in an accident - health costs if you were injured, more lost wages if you were hospitalized, repair costs to the motorcycle, etc.

    If You Ride, Don't Drink! or If You Drink, Don't Ride!