Jail time is an unlikely penalty for a first-time DUI offender if there are no aggravating factors.
Aggravating factors include:
- Having a minor in the car
- Being involved in an accident
- Having a BAC over 0.16
Under Minnesota law, a first-time DUI with no aggravating factors can face up to a $1,000 fine and up to 90 days in jail. But in practice, actual jail time is rare. The following conditions are more likely:
- Probation
- Fines
- EHM (Electronic Home Monitoring)
- REAM (Remote Electronic Alcohol Monitoring)
- Community service
- Driver education programs related to DUI


