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What’s the difference between a DUI and a DWI in Minnesota?

What’s the difference between a DUI and a DWI in Minnesota?

What you need to know:

  • There's no legal difference. Minnesota uses the term DWI, but the terms can be used interchangeably.
  • DUI = "driving under the influence"
  • DWI = "driving while impaired"

DUI vs. DWI

Whether you call it a DUI or a DWI, in Minnesota, these terms both refer to the same offense: the act of driving or controlling a motor vehicle while under the influence of alcohol, a controlled substance, or a hazardous substance.

This means operating a motor vehicle while under the influence of drugs or alcohol, with a blood alcohol concentration (BAC) of .08 or higher (.04 for drivers of commercial vehicles) or with any amount of a Schedule I or Schedule II controlled substance other than marijuana. 

Depending on the circumstances and whether or not there are aggravating factors, these crimes could be charged as misdemeanors, gross misdemeanors, or felonies. Aggravating factors include:

  • Having a BAC level over .16 (more than twice the legal limit)
  • The presence of a minor child in the vehicle during the offense
  • Prior DUI/DWI conviction(s) or drug/alcohol-based revocation of your driving privileges within the last 20 years

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If you refuse to take a BAC or breathalyzer test, you can be charged with further penalties.

Consequences of DUI vs. DWI in Minnesota

There are no differences between DUI and DWI in Minnesota — they're the same offense. If charged with DWI, you will need to fight both the civil and criminal consequences of the charge to completely defend yourself. At the civil hearing, you will have a chance to fight the license revocation in order to reinstate your driving privileges. At your criminal hearing, you will have a chance to fight your conviction. 

Note that the outcome of the civil license hearing does not impact the decision made at your criminal trial, but if you are convicted at your criminal trial, your license will be revoked even if you win your license revocation challenge. 

​​Any DWI attorney worth hiring will handle both the civil and criminal penalties associated with your DWI case. If an attorney is telling you they will only handle the criminal part of your case, walk away. In Minnesota, having either a DWI criminal conviction or a civil license revocation counts as a “prior conviction” if you get another DUI within a 20-year period. In essence, you have to fight and win at both the license revocation hearing and in criminal court to prevail. If a lawyer is telling you he or she will only handle part of your case, they are telling you they will not defend you from the real consequences of a DWI. Find a lawyer who will.

Civil consequences of DWI

When you are charged with a DWI, you will receive notice of your license revocation. You will have the opportunity to fight against this revocation at your civil hearing. The following table lists the amount of time you can expect your license to be revoked and whether you can expect to be eligible for a limited or restricted license.

Conditions BAC test results Period of revocation Eligibility for limited or restricted license
First offense Between .08 and .15 90 days (can be reduced to 30 days with guilty plea) Limited after 15 days
First offense Over .16 or test refusal At least 1 year Only with ignition interlock
Second offense within 20 years Between .08 and .15 At least 1 year Only with ignition interlock
Second offense within 20 years Over .16 or test refusal At least 2 years Only with ignition interlock
Third offense All At least 3 years (license cancelled) Only with ignition interlock
Fourth or more offenses All At least 6 years (license cancelled) Only with ignition interlock

Criminal consequences of DWI

You will have a chance to fight against conviction at your criminal trial. The table below will help you understand what the consequences are for each degree of DWI.

DWI Degree Factors Offense level Penalties
4th degree No aggravating factors Misdemeanor Up to 90 days in jail and a $1,000 fine
3rd degree 1 aggravating factor or a test refusal with no aggravating factors Gross misdemeanor Up to 364 days in jail and a $3,000 fine with a 30-day mandatory minimum jail term if it is the second offense in 20 years
2nd degree 2 aggravating factors or a test refusal with one aggravating factor Gross misdemeanor Up to 364 days in jail and a $3,000 fine with a 90-day mandatory minimum jail term if it is the third such offense in 20 years
1st degree DWI or test refusal, together with three or more prior DWIs in the last 20 years, or any new DWI offense after any previous felony DWI conviction Felony Up to 7 years in prison and a $14,000 fine with a 3-year mandatory minimum prison term

How do Minnesota’s DWI laws compare to the rest of the country?

The consequences for being convicted of a DWI vary from state to state. Even the legal amount of alcohol you can have in your system varies depending on the state you live in — Utah’s BAC limit is .05, whereas most states have a BAC limit of .08.

Maximum length of administrative license suspensions on first offense by state

The following map shows the maximum number of days a driver’s license can be revoked in each state for a first-offense DUI/DWI. As you can see, the laws vary widely from state to state. For example, in Kansas, a first-time DWI will only result in a 30-day license revocation. In Minnesota, that number jumps to at least 90 days. And in Tennessee, a first-time DWI could result in a license revocation for up to one year.

How other DWIpenalties vary from state to state

Each state also carries different criminal penalties for DWI/DUIs. The fines you may owe and how much jail time you can expect to serve vary widely depending on each state’s laws. If you’ve been arrested for a DWI/DUI, it’s very important that you consult with a knowledgeable criminal defense attorney who can help you understand the unique laws in your state. Not sure how to find a great lawyer? Read our blog post on what to watch out for when hiring a defense attorney. 

What to do if you’re arrested for DWI

If you’re arrested for a DWI, your first step is to contact a criminal defense attorney. Schedule a free consultation to discuss the facts of your case. Your attorney will help you fight for your rights and get your life back on track.

Last updated: August 16, 2026.

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