duistatelaws.com Minnesota does not wait for a hearing. The license is revoked when the officer serves the notice, the temporary license lasts fourteen days (seven after a blood or urine test taken under a warrant), and the only way to have a judge review it is to petition a district court within sixty days — a petition that, the statute says, does not stay the revocation.
Key takeaways
- Minnesota grades DWI in four degrees, set mostly by how many aggravating factors were present.
- The aggravating factors are a prior incident within ten years, a reading of 0.16 or more, and a child under 16 in the vehicle.
- Refusing a test is itself a crime — third-degree DWI, a gross misdemeanor, with no other factor needed.
- The license is revoked at the notice; review is a petition to the district court within 60 days, and it does not stay the revocation.
- A second DWI within ten years carries a 30-day minimum (or community service in place of days), with departures and an interlock exception; a fourth within ten years is a felony.
- DWI is excluded from automatic expungement; for a misdemeanor or gross misdemeanor DWI a petition is possible two or three years after the sentence ends.
to petition the district court to review the revocation, counted from receipt of the notice and order. Minn. Stat. § 169A.53, subd. 2. The revocation itself took effect at the notice; the temporary license lasts 14 days after a breath test or refusal (7 after a warrant blood or urine test), and filing the petition does not stay the revocation. Administrative review by the commissioner can be asked for at any time.
The same diagram as a table
| State | Days | Authority |
|---|---|---|
| Colorado | 7 | C.R.S. § 42-2-126(6)(d), (7)(b) |
| Virginia* | 7 | Va. Code § 46.2-391.2(A), (C) |
| Washington | 7 | RCW 46.20.308(7) |
| California | 10 | Cal. Veh. Code § 13558(b) |
| Florida | 10 | Fla. Stat. § 322.2615(1)(b)3. |
| Texas | 15 | Tex. Transp. Code §§ 524.031, 724.041 |
| Arizona | 30 | A.R.S. § 28-1321(F), (G) |
| Georgia | 30 | O.C.G.A. § 40-5-67.1(g)(1) |
| South Carolina | 30 | S.C. Code § 56-5-2951(B)(1) |
| Minnesota* | 60 | Minn. Stat. § 169A.53, subd. 2 |
One offense, four degrees
Section 169A.20 makes it a crime to drive, operate or be in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, an intoxicating substance or cannabis, or with an alcohol concentration of 0.08 or more at the time or within two hours, among other grounds. The same section, in subdivision 2, makes it a crime to refuse a chemical test — a breath test, or a blood or urine test required by a search warrant.
What the statute then does differently from most states is grade the offense. Sections 169A.24 to 169A.27 sort every DWI into a degree, and the degree turns mainly on aggravating factors, which section 169A.03 defines as three things: a qualified prior impaired driving incident within the ten years before the offense; an alcohol concentration of 0.16 or more; or a child under 16 in the vehicle who is more than 36 months younger than the driver.
- Fourth degree — a DWI with no aggravating factor: a misdemeanor.
- Third degree — a DWI with one aggravating factor, or a test refusal: a gross misdemeanor.
- Second degree — a DWI with two or more aggravating factors, or a refusal with one: a gross misdemeanor.
- First degree — a DWI within ten years of the first of three or more prior incidents, or after a previous felony DWI or certain felony vehicular offenses: a felony.
Not sure which offense level you are facing?
Enter the ZIP code where the arrest happened and the full form opens with it filled in.
Maximums from the degree, minimums from the priors
The degree sets the ceiling. Section 609.03 caps a misdemeanor at 90 days and $1,000 and a gross misdemeanor at 364 days and $3,000, and section 169A.24 allows up to seven years and $14,000 for first-degree DWI. The floor comes from section 169A.275, which sets mandatory minimums by the number of prior incidents within ten years.
The same diagram as a table
| Offense | Confinement | Authority |
|---|---|---|
| First, no aggravating factor | no minimum; up to 90 days | Minn. Stat. § 169A.27 |
| First, 0.16+ or a child in the car | no minimum; up to 364 days | Minn. Stat. § 169A.26 |
| Refused the test, first | no minimum; up to 364 days | Minn. Stat. § 169A.26, subd. 1(b) |
| Second within 10 years | 30 days, 48 hours of it in a local jail | Minn. Stat. § 169A.275, subd. 1 |
| Third within 10 years | 90 days, 30 of them consecutive in a local jail | Minn. Stat. § 169A.275, subd. 2 |
| Within 10 years of three prior incidents | set by the felony sentencing provisions | Minn. Stat. § 169A.24 |
| Offense | Level | Confinement | Fine | License | Also required |
|---|---|---|---|---|---|
| First, no aggravating factor | Misdemeanor (4th degree) Minn. Stat. § 169A.27 | no minimum; up to 90 days | up to $1,000 Minn. Stat. § 609.03(3) | at least 90 days (administrative, after a test) § 171.178, subd. 4 | — |
| First, 0.16+ or a child in the car | Gross misdemeanor (3rd degree) Minn. Stat. § 169A.26 | no minimum; up to 364 days one aggravating factor | up to $3,000 Minn. Stat. § 609.03(2) | at least 1 year at twice the limit § 171.178, subd. 4 | Plate impoundment |
| Refused the test, first | Gross misdemeanor (3rd degree) Minn. Stat. § 169A.26, subd. 1(b) | no minimum; up to 364 days refusal is its own crime | up to $3,000 Minn. Stat. § 609.03(2) | at least 1 year § 171.178, subd. 3 | — |
| Second within 10 years | Gross misdemeanor Minn. Stat. § 169A.275, subd. 1 | 30 days, 48 hours of it in a local jail or 8 hours of community work service for each day under 30; not required if the court orders interlock-only driving as a probation condition (subd. 7) | up to $3,000 Minn. Stat. § 609.03(2) | until interlock compliance § 171.178, subds. 4, 8 | Plate impoundment |
| Third within 10 years | Gross misdemeanor Minn. Stat. § 169A.275, subd. 2 | 90 days, 30 of them consecutive in a local jail or intensive supervision with at least 6 consecutive days in jail | up to $3,000 Minn. Stat. § 609.03(2) | until interlock compliance § 171.178, subds. 4, 8 | Vehicle forfeiture |
| Within 10 years of three prior incidents | Felony (1st degree) Minn. Stat. § 169A.24 | set by the felony sentencing provisions up to seven years | up to $14,000 Minn. Stat. § 169A.24, subd. 2 | until interlock compliance § 171.178, subd. 8 | Vehicle forfeiture |
Section 169A.275, subdivision 1, requires at least 30 days of incarceration, 48 hours of it in a local correctional facility, or eight hours of community work service for each day less than 30. The court may depart from it on the prosecutor’s motion or its own if it finds substantial mitigating factors and says why on the record — but any sentence must still include at least 48 hours of incarceration or 80 hours of community work service that cannot be stayed. A third offense within ten years requires 90 days, 30 of them consecutive in a local jail, or intensive supervision with at least six consecutive days in jail. Subdivision 7 adds an exception: a judge is not required to impose these minimums if, as a condition of probation, the person may drive only vehicles with an approved ignition interlock.
Two further consequences attach to the car rather than the driver. Section 169A.60 orders the registration plates impounded after a revocation within ten years of a prior incident, or a violation with an alcohol concentration of twice the legal limit or a child under 16 in the vehicle. Section 169A.63 makes the vehicle subject to forfeiture for a first-degree DWI or a DWI within ten years of the first of two prior incidents, and also where the vehicle was used in conduct leading to a test-refusal or test-failure revocation within ten years of the first of two or more prior incidents, even without a conviction.
Revoked at the notice, reviewed by a judge
Most states on this site give a driver a window to ask a licensing agency for a hearing. Minnesota does not. Under section 169A.52, subdivision 7, the officer serves immediate notice of intention to revoke and of revocation on a driver who refuses a test or tests at 0.08 or more, invalidates the license card, and issues a temporary license effective for only 14 days — seven days where the test was a blood or urine test under a search warrant, under section 171.177. Subdivision 6 makes the revocation effective at the notice; a notice that is mailed, for example after a laboratory result, is deemed received three days after mailing.
The way to challenge it is a court. Section 169A.53, subdivision 2, lets the driver petition the district court in the county of the offense within 60 days of receiving the notice and order, with the standard civil filing fee and proof of service on the commissioner. The statute says in terms that the petition does not stay the revocation; the court may stay the balance only if the hearing has not been held within 60 days of filing. The hearing is before a district judge and may be held together with the pretrial motions in the criminal case. Separately, a driver may ask the commissioner for administrative review at any time during the revocation, and the commissioner reports within 15 days.
The same diagram as a table
| Step | Criminal case — decided by a court | License case — decided by the commissioner, then a district court |
|---|---|---|
| 1 | Arrest and booking, hour 0 | Notice of revocation served, day 0 |
| 2 | Charge filed by the prosecutor | Petition the district court for review within 60 days; administrative review can be asked at any time |
| 3 | First court setting, on a date the court picks | Judicial review if petitioned — filing does not stay the revocation |
| 4 | One or more pretrial settings | Revocation took effect at the notice and runs its period |
| 5 | Trial, plea or dismissal | — |
| Clock | Weeks to months. No filing deadline runs against the driver. | Counted in days from the notice, and fixed by statute. |
| What happened | First time | With a prior in 20 years, or two or more at any time | Authority |
|---|---|---|---|
| Test at 0.08 or more | At least 90 days; at least 1 year at twice the limit | Until interlock compliance | Minn. Stat. § 171.178, subd. 4 |
| Refused the test | At least 1 year | Until interlock compliance | Minn. Stat. § 171.178, subd. 3 |
| Under 21, test below twice the limit | At least 180 days | Until interlock compliance | Minn. Stat. § 171.178, subd. 4 |
The administrative periods are in section 171.178. With no qualified prior incident in the past 20 years, a test failure costs at least 90 days — 180 days for a driver under 21, and at least a year if the reading was twice the legal limit or more — and a refusal at least a year. With a prior incident in that period, or two or more prior incidents at any time, the revocation lasts until the commissioner finds the driver has used an ignition interlock for the period the statute sets. The 20-year window for the license is twice as long as the ten-year window for the criminal degree.
Ten years for the degree, twenty for the license
Minnesota counts qualified prior impaired driving incidents, which section 169A.03 defines to include both prior impaired driving convictions and prior impaired-driving-related losses of license. A license revocation from an earlier arrest can therefore count even where the criminal charge did not end in a conviction.
Two windows apply. Ten years decides whether a prior is an aggravating factor and which mandatory minimum applies, and three prior incidents within ten years make the next DWI a felony under section 169A.24. Twenty years is the window section 171.178 uses for the license: a single prior incident in that period moves a revocation from a fixed term to one that ends only with interlock compliance.
Interlock as the way back
For a driver with a prior incident, the interlock is how the revocation ends. Section 171.178, subdivision 8, bars full reinstatement for a driver revoked with one qualified prior incident within 20 years until the driver completes licensed substance use disorder treatment and takes part in the ignition interlock program under section 171.306 for at least two years; longer periods apply with more priors or in criminal vehicular cases.
| Situation | Term | Authority |
|---|---|---|
| Revocation with one prior incident in 20 years | Interlock for at least 2 years, and completed treatment | Minn. Stat. § 171.178, subd. 8(b)(1) |
| Plate impoundment | A prior within 10 years, twice the limit, or a child under 16 | Minn. Stat. § 169A.60, subd. 1(d) |
Expungement: not automatic, but possible
Minnesota’s automatic expungement law, section 609A.015, lists the convictions it covers and then the ones it does not. Fourth-degree DWI is excluded from the misdemeanors, and second- and third-degree DWI from the gross misdemeanors, so a DWI conviction is not sealed automatically.
A petition is a different route. Section 609A.02, subdivision 3, allows a petition to seal the records where the person was convicted of a misdemeanor and has not been convicted of a new crime for at least two years since the sentence was discharged, or of a gross misdemeanor with three years and no new conviction. The petition is decided by a court, and the license record is a separate file with its own rules.
What a Minnesota DWI lawyer is actually working with
A count of aggravating factors, a sixty-day petition, and a revocation that has already started.
The degree is the first question, because it decides whether the case is a misdemeanor or a gross misdemeanor: a reading of 0.16 or a child in the car each add a factor, and a prior incident within ten years adds one even if it ended without a conviction. Refusal is its own charge, which changes the calculation about whether to test.
The license petition is the second. It has to be filed within sixty days, it does not pause the revocation, and the hearing can run alongside the criminal pretrial motions — so the same questions about the stop and the test can be tested twice, before two different decisions.
Where the case is actually heard
Common questions about Minnesota DWI law
How long do I have to challenge a Minnesota license revocation?
Sixty days from receiving the notice and order to petition the district court in the county of the offense, under Minn. Stat. 169A.53, subd. 2, with the civil filing fee. The revocation took effect at the notice and the petition does not stay it. Administrative review by the commissioner can be requested at any time.
Is refusing a breath test a crime in Minnesota?
Yes. Minn. Stat. 169A.20, subd. 2, makes refusing a chemical test a crime, and section 169A.26 makes a refusal third-degree DWI, a gross misdemeanor, even with no aggravating factor.
What are the aggravating factors for a Minnesota DWI?
Under Minn. Stat. 169A.03, subd. 3: a qualified prior impaired driving incident within the previous ten years; an alcohol concentration of 0.16 or more; or a child under 16 in the vehicle who is more than 36 months younger than the driver.
What is the jail time for a second DWI in Minnesota?
Minn. Stat. 169A.275 requires at least 30 days, 48 hours of it in a local correctional facility, or eight hours of community work service for each day under 30, unless the court departs for substantial mitigating factors or orders interlock-only driving as a probation condition (subd. 7). A departure must still include 48 hours of incarceration or 80 hours of community work service.
When is a DWI a felony in Minnesota?
When it is committed within ten years of the first of three or more qualified prior impaired driving incidents, or after a previous felony DWI or certain felony vehicular convictions (Minn. Stat. 169A.24). The maximum is seven years and a $14,000 fine.
Can a Minnesota DWI be expunged?
Not automatically: section 609A.015 excludes second-, third- and fourth-degree DWI. A petition under section 609A.02 is possible for a misdemeanor or gross misdemeanor DWI, two years after a misdemeanor sentence ends, or three years after a gross misdemeanor, with no new conviction.
Request a free review of your Minnesota case
Free, no obligation, and you decide who, if anyone, you speak with.
Your request is ready to send
Here is what happens after you submit:
- We pass your answers only to attorneys licensed in the state where the arrest happened, when one is taking requests for that area.
- Never to more than three. Only those attorneys and duistatelaws.com may use your details to contact you.
- You decide who, if anyone, you speak with. You are not committed to anyone.
Submitting this request does not create an attorney–client relationship.
More for Minnesota
- Minneapolis and Hennepin County — which court hears the case, and what the first weeks look like on the ground
- St. Paul and Ramsey County — which court hears the case, and what the first weeks look like on the ground
- What the charge is called in each state — the terminology table, and why searching the wrong acronym returns the wrong penalty
- How long it stays on your record — the three separate records a single arrest creates
- Expungement, sealing and set aside — which of the three, if any, exists in Minnesota
- Refusing the test — what implied consent costs here against what it buys
- SR-22 filing requirements in Minnesota — in preparation
- Ignition interlock requirements — when Minnesota orders the device, for how long, and what driving without it costs
- DUI classes and evaluations — the program attached to the sentence, its deadline, and what not finishing costs
- Are DUI checkpoints legal in Minnesota? — unconstitutional under the state constitution, per Ascher (1994)
- Field sobriety tests in Minnesota — foundation, and a cautionary instruction on request, per Klawitter (1994)
- Device cost and providers in Minnesota — our sister site, written around the SR-22 filing
Sources
- Minn. Stat. § 169A.20, subd. 1(5) — read 2025 statutes
- Minn. Stat. § 169A.53, subd. 2 — read 2025 statutes
- Minn. Stat. § 169A.52, subd. 7(c) — read 2025 statutes
- Minn. Stat. § 171.177, subd. 8(c) — read 2025 statutes
- Minn. Stat. § 171.178, subds. 3, 4 — read 2025 statutes
- Minn. Stat. § 169A.03, subd. 3 — read 2025 statutes
- Minn. Stat. §§ 169A.24–169A.27 — read 2025 statutes
- Minn. Stat. § 169A.275 — read 2025 statutes
- Minn. Stat. § 609.03 — read 2025 statutes
- Minn. Stat. § 169A.24 — read 2025 statutes
- Minn. Stat. § 169A.60 — read 2025 statutes
- Minn. Stat. § 169A.63 — read 2025 statutes
- Minn. Stat. §§ 609A.015, 609A.02, subd. 3 — read 2025 statutes
- Minn. Stat. § 609A.015 — read 2025 statutes
Each entry names the section that carries the figure and the document that was actually opened to read it. Where the two differ, the state’s own publication is linked as well. Statutes change; check the linked text before relying on a number from any website, including this one.