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Charged with a first-time DWI in Minnesota? Find out what you’re facing and how to fight back. Learn about the penalties, license suspension, and what to expect in court—plus possible defense options.
A first-time DUI (Driving Under the Influence), also known as a DWI (Driving While Impaired) is typically a misdemeanor in the fourth degree, but it can carry harsher penalties if certain aggravating factors are involved.
Make no mistake, just because it’s your first time doesn’t mean it won’t carry serious legal, financial, and personal consequences, even if you’ve never had any prior trouble with the law.
A person can be charged with a DWI in Minnesota for operating, driving, or being in physical control of a motor vehicle while having a blood alcohol concentration of 0.08 percent or higher, being under the influence of alcohol, drugs, a combination of both, or even if you have a blood alcohol level below 0.08 percent, but you still show clear signs of impairment.
There are also aggravating factors that can make the situation worse. These include:
Each of these factors can increase the severity of the penalties and make it more important to have an attorney on your side.
Some of the immediate consequences you might face begin with the arrest process itself. After being arrested, you’re brought to the station to be booked. This is where an officer will take your mugshot, collect fingerprints, and enter your personal information into the system.
You are then typically held until sober or until you can post bail or be released on your own recognizance. In some cases where there are aggravating factors, you might have to wait to see a judge, which can take anywhere from 36 to 48 hours, not counting weekends or holidays.
One of the first penalties that kicks in is called Administrative License Revocation (ALR). This means your license can be revoked for 90, 180, or even 365 days depending on the circumstances and whether aggravating factors are present.
That revocation happens through the Department of Public Safety and is separate from your criminal case. However, you do have a right to challenge it. You only have 30 days from the date of the revocation notice to request what’s called an implied consent hearing. This is a civil process, and it’s handled in court separately from the criminal charges.
Another consequence that’s possible but less common for a first offense is vehicle forfeiture or license plate impoundment.
This usually only comes up when certain aggravating factors are involved like an official test refusal, a very high BAC, or a child under the age of 16 being in the car. When this does happen, the state can try to seize the vehicle or issue what’s known as “whiskey plates,” which are special restricted license plates required in certain cases.
If the case goes to court and you’re convicted of a fourth-degree DWI, which is the standard for a first-time charge, you could be facing up to 90 days in jail and a $1,000 fine.
Most of the time offenders do not serve the full jail time, especially if there are no aggravating factors. Probation is more common, usually lasting about one to two years. During that time, you might be required to complete a chemical dependency evaluation, attend a DWI education class, perform community service, or even use an ignition interlock device depending on the court’s orders.
The consequences also include a DWI conviction staying on your criminal record, which can affect:
In Minnesota, a DWI is considered “enhanceable,” meaning that any future offenses will be treated more harshly.
In some Minnesota counties, first-time DWI offenders might be able to qualify for a pretrial diversion program, especially if there were no aggravating factors. Diversion is essentially a second-chance option that allows you to complete certain conditions in exchange for keeping the conviction off your record.
If you are accepted after applying and negotiating with the prosecutor through your attorney for entry into a DWI diversion program, you’ll typically have to complete things like a chemical dependency evaluation, education classes, community service, and stay out of trouble for a set amount of time (usually one year). If you succeed, the criminal charges can be dismissed, and no conviction will go on your record.
There is also the option to get your DWI conviction expunged from your record later. You do have to meet certain conditions. Generally, you must wait at least two years after completing all the terms of your sentence, including probation, and you’ll need to show the court that you’ve remained law-abiding. Expungement is never guaranteed and must be formally requested and approved by a judge.
The truth is no one expects to get a DWI. For many people, it happens after one poor decision or one night of bad judgment. But the impact can be long-lasting, and navigating the legal system is not something you want to do alone. That’s why it’s so important to speak with an experienced criminal defense attorney right away, especially someone who regularly handles DWIs in Minnesota.
Here at BK Law Group, we understand how overwhelming this can be. From license issues to court appearances, we’re here to help you through it every step of the way. Our goal is to protect your rights, minimize the damage, and help you move forward with the least disruption possible to your life. If you are facing a first-time DWI in Minnesota and have questions about the penalties, license suspension, and what to expect, don’t wait – call us today.
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