In Minnesota, the most common sentence for a first-time DUI is a misdemeanor, also known as a fourth-degree DUI. This is the most likely outcome for first-time offenders with no aggravating factors.
Aggravating factors increase the penalties you face. Examples include having a prior DUI within 20 years, a BAC of 0.16 or higher, or having a child under 16 in the vehicle with you.
The maximum penalties for a fourth-degree DUI are:
- Up to 90 days in jail
- Fines up to $1,000
- For a fourth-degree DUI, your license will also be revoked for a minimum of 90 days (or 30 days if convicted).
While jail time is less likely if this is the first time you’ve committed a crime, it’s not impossible. The penalties vary depending on:
- The type of crime you committed
- Whether there are any aggravating circumstances


