A DUI in Minnesota — legally called a DWI (Driving While Impaired) in this state — triggers two separate processes at the same time:
- a criminal case, and
- a civil driver's license revocation.
Both cases happen automatically, and both require action.
Criminal case
When an officer arrests you for DWI, you will be asked to take a breath, blood, or urine test. Minnesota's implied consent law means that by driving in the state, you have already agreed to submit to chemical testing. Refusing the test is a separate criminal offense — often charged at a more severe level than the DWI itself. Note that this law only applies to the tests after an arrest — not to the roadside sobriety tests that officers may ask you to do. Those are used before an arrest to attempt to collect enough evidence to make an arrest. You are not legally required to submit to any roadside sobriety tests and never should if you have been drinking or using drugs that impair. There is nothing scientific about how these tests are administered and an officer will always have the discretion to say you failed them. Don’t give them that opportunity!
Most first-offense DWIs in Minnesota are charged as a misdemeanor, carrying up to 90 days in jail and a $1,000 fine. However, aggravating factors can elevate the charge quickly:
- A BAC of .16 or higher
- A child under the age of 16 in the vehicle
- A prior DWI within the last 10 years
Civil driver’s license case
Separate from your criminal case, the Minnesota Department of Public Safety will automatically revoke your driver's license for testing at 0.08 or more, for having any detectable presence of a Schedule I or Schedule II controlled substance in your body, or for refusing to test. You have only 60 days from the date of your notice of revocation to request a hearing to challenge it. Missing that window waives your right to contest it.
The decisions made in the first days after a DWI arrest can significantly affect the outcome of both your criminal case and your driving privileges. An attorney can help.
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