Arrested for DWI/DUI in Minnesota?

Here’s What Happens Next

Facing a DWI (Driving While Impaired) or DUI (Driving Under the Influence) charge in Minnesota is a serious matter that can have lasting effects on your life. The aftermath can feel overwhelming, especially if this is your first encounter with the legal system, from license suspension to criminal penalties. Understanding the process and your options is crucial to protecting your rights and minimizing long-term consequences.

Whether you were stopped on Highway 14 near Waseca or at a sobriety checkpoint in Northfield, understanding the legal process and your rights is crucial to protecting your future. At Patton, Hoversten & Berg, PA, we’ve stood beside individuals in Southern Minnesota for over five decades. This guide will help answer the most important questions after a DWI arrest and offer insights that empower you to take the next step with confidence.

Why This DWI Guide Matters

Your decisions in the hours and days following a DWI arrest can significantly impact your case. This guide will help you understand Minnesota’s DWI laws, the court process, and your rights so that you can move forward with clarity.

What Is a DWI/DUI in Minnesota?

Though many people use DWI and DUI interchangeably, in Minnesota, DWI is the legal term used under Minnesota Statutes §169A. It covers:

• Operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher
• Driving under the influence of alcohol, drugs, or a combination of both
• Refusing to submit to a chemical test (breath, blood, urine)

Did You Know?

In 2022, Minnesota law enforcement made over 20,000 DWI arrests, with the majority involving first-time offenders. While it may feel like you’re alone, DWI cases are one of the most common criminal charges in Minnesota.

What Happens After a DWI Arrest in Minnesota?

Step-by-Step Breakdown

1. Initial Stop or Checkpoint
   Law enforcement officers pull you over for observed behaviors such as weaving between lanes, erratic speed, failure to signal, or other suspicious driving patterns. You may also encounter sobriety checkpoints, especially during holiday seasons. During the stop, officers typically ask if you’ve been drinking and observe your demeanor.
2. Field Sobriety Tests (FSTs)
   If officers suspect impairment, they may ask you to perform a series of field sobriety tests to assess your balance, coordination, and ability to follow instructions. These tests include the walk-and-turn test, one-leg stand test, and Horizontal Gaze Nystagmus test.

Pro tip: Field sobriety tests are voluntary. You have the legal right to refuse, though refusal may still lead to arrest if probable cause exists.

1. Preliminary Breath Test (PBT)
   The PBT is a portable breathalyzer test administered at the roadside to help establish probable cause. This test is also voluntary, but refusing may influence the officer’s decision to arrest.
2. Arrest and Chemical Testing
   If arrested, you will be transported to a police station or medical facility for evidentiary chemical testing. This test is mandatory under Implied Consent Law and measures your BAC through breath, blood, or urine.
3. Booking and Bail
   Following chemical testing, you will be booked into jail, fingerprinted, photographed, and held until bail is posted or other release conditions are met. The release process may take several hours, depending on the jurisdiction and severity of the charge.

What Should You Do After Release?

• Document everything: Write down the timeline of events, including officer statements and test procedures.
• Avoid discussing your case: Do not post on social media or discuss details publicly.
• Contact a DWI defense attorney as soon as possible to review your case and begin building a defense strategy.

How Does a DWI Affect Your Driver’s License in Minnesota?

Under Minnesota’s Implied Consent Law, your driver’s license can be administratively revoked following a DWI arrest, even before a court conviction. This is a separate civil penalty that runs parallel to the criminal case.

License Revocation Periods in Minnesota

• First offense, BAC less than .16: 90 days (with possible reduction to 30 days with a guilty plea)
• First offense, BAC .16 or higher: 1 year
• First offense, refusal to test: 1 year
• Second offense (within 10 years): 1 to 2 years

If your license is revoked, you have 30 days to file a petition for judicial review to challenge the revocation in an implied consent hearing.

What’s a Limited License?

Minnesota offers limited licenses (work permits) for eligible drivers whose licenses have been revoked. These permits allow driving for specific purposes, including:

• Commuting to and from work or school
• Attending court-ordered alcohol treatment or education programs
• Seeking medical care for yourself or dependents

The eligibility for a limited license depends on several factors, including BAC level and prior DWI history.

Ignition Interlock Device (IID)

For higher BAC levels or repeat offenders, participation in the ignition interlock device (IID) program may be required. This device prevents a vehicle from starting if alcohol is detected on your breath. Completing the IID program may shorten license revocation periods and help you regain full driving privileges.

What Are the Criminal Penalties for DWI in Minnesota?

Penalty Levels

Minnesota’s DWI penalties are determined by the severity of the offense and the number of prior offenses within a 10-year period.

• First offense (Misdemeanor): Up to 90 days in jail, up to $1,000 fine
• Second offense (Gross Misdemeanor): Up to 1 year in jail, up to $3,000 fine, and mandatory IID participation
• Third offense (Gross Misdemeanor): Up to 1 year in jail, up to $3,000 fine, long-term license cancellation, and IID
• Fourth or subsequent offense (Felony): Up to 7 years in prison, up to $14,000 fine, and long-term license cancellation with extended IID requirements

Aggravating Factors

Certain conditions, called aggravating factors, can increase penalties:

• BAC of 0.16% or higher
• Prior DWI offenses within 10 years
• Refusal to submit to chemical testing
• Presence of a child under 16 in the vehicle

These factors can elevate charges from misdemeanor to gross misdemeanor or felony, leading to harsher consequences.

Collateral Consequences

A DWI conviction can also lead to:

• Increased insurance premiums
• Difficulty obtaining or maintaining employment, particularly for CDL holders or those in professional occupations
• Travel restrictions to certain countries

How Can a DWI Defense Attorney Help You?

A DWI defense attorney plays a critical role in protecting your rights and minimizing the impact of the charges. At PHB Law, we offer personalized defense strategies tailored to your situation. Here’s how we help:

• Analyze the stop and arrest process for legal errors or rights violations
• Challenge the reliability of field sobriety tests and chemical testing equipment
• Negotiate plea agreements that may reduce charges or penalties
• Represent you in both the criminal case and implied consent hearing to protect your driving privileges

Case Study

One client was initially charged with a Gross Misdemeanor DWI involving one aggravating factor. Through negotiation and legal strategy, the charge was reduced to a 4th degree misdemeanor DWI. This lesser charge resulted in a shorter license suspension period, which is an important benefit also discussed earlier in this article.

Can You Refuse a Breathalyzer in Minnesota?

Under Implied Consent Law, refusing a breathalyzer or other chemical test carries significant penalties:

• 1-year license revocation (or longer for repeat offenses)
• Increased jail time and fines
• Mandatory IID participation in some cases

Refusal is treated as a separate offense and can worsen your legal situation. However, an experienced attorney may still challenge the circumstances of the refusal.

Pro Tip: Refusing the PBT at the roadside is generally permitted, but refusing the evidentiary test at the station triggers immediate penalties.

How Long Does a DWI Stay on Your Record in Minnesota?

• Driving record: 10 years (used to enhance penalties for future offenses)
• Criminal record: Indefinitely, unless expunged

Can a DWI Be Expunged?

Yes, some DWI convictions, particularly first-time misdemeanors or gross misdemeanors, may qualify for expungement under Minnesota law. Expungement removes the offense from public records, offering relief when applying for jobs, housing, or loans. Eligibility depends on:

• Time elapsed since sentence completion
• Criminal history
• Case specifics

Insurance After a DWI: What Should You Expect?

A DWI conviction significantly affects your auto insurance:

• Premiums may double or triple
• You may be required to obtain SR-22 insurance, proving financial responsibility for a specified period (typically 3 years)
• Some insurers may refuse coverage altogether

Ways to Mitigate Insurance Impact

• Shop around for high-risk insurance providers
• Participate in safe driving courses
• Maintain a clean driving record post-DWI

Local DWI Courts in Southern Minnesota

Navigating the local court systems in Rice, Steele, or Waseca County is easier with an experienced attorney. Courts in these counties follow Minnesota’s DWI statutes, but local practices and sentencing trends may vary.

Our team at PHB Law understands these nuances and works closely with local judges and prosecutors to advocate for the best possible outcome in your case.

Tips for Preventing Future DWIs

• Plan ahead with ride-sharing services (Uber, Lyft)
• Designate a sober driver
• Use personal breathalyzers to check your BAC before driving
• Be aware of how medications or fatigue can impair driving

FAQs: Quick Answers to Common DWI Questions

Can I travel out of state with a DWI charge?
Yes, but be aware of ignition interlock restrictions and other conditions of release.

Will my employer find out about my DWI?
It depends on the employer and whether they conduct background checks. Some positions, especially those requiring driving or professional licenses, may require disclosure.

Does a DWI affect my CDL?
Yes. CDL holders face stricter penalties, including potential disqualification even for off-duty offenses.

How soon should I contact an attorney after a DWI arrest?
Immediately. Early legal representation can help protect your rights and provide guidance on the next steps.

Take Control: Protect Your Rights Today

A DWI charge is serious, but with the right legal support, you can minimize its impact. At Patton, Hoversten & Berg, PA, we’ve guided individuals across Southern Minnesota through DWI charges and helped them move forward with confidence.

Don’t face this alone.
Request a confidential consultation here.