Second Offense DWI in Minnesota

According to Minnesota Driving While Impaired (DWI) Laws Section 169A.20, a DWI entails driving or operating a motor vehicle within the state when:

• Under the influence of alcohol
• Under the influence of a controlled substance
• Under the influence of an intoxicating substance
• Under the influence of cannabis flower, a cannabis product, lower-potency hemp edible, a hemp-derived consumer product, an artificially derived cannabinoid, or tetrahydrocannabinol.
• The driver's blood alcohol concentration (BAC) at the time of driving or as measured within two hours of the time of driving is 0.08 or more.
• The driver's BAC at the time of driving a commercial motor vehicle or as measured within two hours of the time of driving is 0.04 or more.
• The driver's body contains any amount of a controlled substance listed in Schedule I or II or its metabolite,

A second DWI refers to an arrest or conviction for a DWI in Minnesota and other US states within 10 years of a prior DWI-related offense. While first-time DWI offenses have minimal penalties, subsequent offenses are subject to enhanced penalties. This underscores the state's commitment to improving public safety and treating DWI offenses with the utmost severity to discourage repeat offenses.

Is a 2nd DWI a Felony in Minnesota?

No. A second DWI offense in Minnesota is a gross misdemeanor. However, a second DWI resulting in death is elevated to a felony.

What is the Lookback Period for a Second DWI in Minnesota?

Minnesota has a 10-year lookback period for DWI offenses. This implies that if an individual is arrested for a DWI within 10 years of a previous DWI offense, the prior DWI will be considered to determine whether a repeat DWI offense has occurred. Furthermore, the prior DWI offense can be considered during sentencing and used to enhance penalties for the subsequent offense.

What Are The Aggravating Factors in a Second DWI?

Aggravating factors are elements of a DWI violation that can influence the type of charges and associated penalties an individual can face. An individual arrested for a second DWI in Minnesota may be charged with a second-degree DWI or third-degree DWI, depending on the number of aggravating factors present when the violation was committed. The latter is levied if two or more aggravating factors were present when a DWI was committed and has stiffer penalties. In comparison, the former requires one aggravating factor and has tamer penalties. Nonetheless, both second-degree and third-degree DWI are gross misdemeanors. Some Minnesota DWI aggravating factors include:

• Refusal to submit to chemical testing
• Having a blood alcohol content (BAC) of 0.16% or higher
• Having a child younger than 16 years old in the vehicle at the time of the DWI violation, provided the driver is at least 36 months older.
• A prior DWI within 10 years of the current violation.
• Serious injury or death

What Happens If You Get a 2nd DWI in Minnesota

Listed below are possible penalties an offender can receive for a second DWI in Minnesota:

• Jail time of up to one year, with a mandatory minimum of 30 days
• Fines of up to $3,000
• License revocation for at least one year
• Forfeiture of the vehicle used in committing the DWI
• The offender's current license plates may be impounded, and they may be required to apply for special registration plates—commonly known as 'whiskey plates'—to regain driving privileges.

How Long Does a Second DWI Stay On Your Record in Minnesota?

A Second DUI must remain on an offender's criminal and driver's records for at least 10 years (the state's Lookback Period for DWI offenders). After the required 10-year lookback period, an individual may petition to expunge (remove) the DWI from their criminal record under M.S. § 609A.03. This is allowed provided they have completed their entire sentence, paid all required fines, and have not committed any other crimes within two years before filing the petition.

Although expungement can remove a DWI from an individual's criminal record, the DWI will remain on their driving record forever. Note that felonies are not expungeable. As a result, a second DWI that results in serious injury or death of an individual, which is a felony, can not be expunged and permanently remains on the offender's criminal record.

How Much Does a Second DUI Cost in Minnesota?

Besides fines of up to $3,000, a second DUI in Minnesota can have additional costs, including but not limited to:

• License reinstatement fees: $680 and a $26 application fee
• Fine fee surcharge: between $85 and $100
• Chemical dependency and treatment fee: $25
• Probation fees: around $300 to $1,000
• Towing or impound fee: approximately $180
• Penalty assessment: $1,000 for a BAC of 0.16% or higher
• Ignition interlock device (IID) for 12 months: roughly $120 for installation and $100 per month for maintenance.
• Insurance rate increase: 100% to 300%

It is worth noting that a second DWI resulting in someone else's injury (bodily harm) or death is subject to a fine of $10,000 to $20,000 per M.S. § 609.2112 to 609.2114

Chances of Going to Jail for a Second DWI in Minnesota

In Minnesota, a second DWI is punishable by a minimum of one (1) year in jail and a 30-day minimum sentence. However, aggravating factors, such as a second DWI resulting in injury (bodily harm) or death to someone else, can earn the offender a prison sentence of 5 to 10 years.

Driver's License Suspension for a Second DWI in Minnesota

As a penalty for a second DWI offense in Minnesota, an individual could have their driver's license revoked for one year. However, if they refuse a chemical test or are arrested with a BAC of 0.16% or higher, their license revocation period will be extended to two years. During this time, the offender can participate in the Ignition Interlock Device (IID) program to regain limited driving privileges.

Ignition Interlock Device Requirement

An ignition interlock device (IID) is installed in a vehicle and connected to its engine as a safety precaution. It includes a blowing tube and stops a vehicle from starting if it detects a certain alcohol concentration (AC) level when the driver blows into it.

In Minnesota, an individual can enroll in the ignition interlock device program if their driver's license was revoked for a second or third DWI to regain limited driving privileges. The IID typically remains installed on the offender's vehicle throughout the license revocation period, generally lasting between one and two years for a second DWI. Furthermore, the offender must pay for the device installation, monthly maintenance, and eventual removal. It is worth noting that some ignition interlock providers offer discount rates to indigent offenders.

DUI School and Substance Abuse Treatment

Before sentencing, individuals who are arrested for a second DWI or a DWI with an alcohol concentration of 0.16 or more in Minnesota must submit to a chemical dependency assessment administered by the county where the offense was committed. The assessment will recommend the level of treatment care the court can order the offender to undergo if they are later convicted.

Probation Conditions

For a second DWI in Minnesota, an individual may be sentenced to up to six (6) years of probation. During this probationary period, certain conditions may be imposed, including but not limited to:

• Submit to a chemical dependency evaluation and enroll in recommended treatment.
• Submit to random drug testing
• Abstaining from alcohol or non-prescribed drugs
• Attending a MADD Victim Impact Panel
• Regular meetings with the probation officer or as directed by the court
• Complete long-term monitoring requirement
• Adherence to the rules and regulations of the probation department.
• Abstain from driving without a valid license or auto insurance.

Community Service Requirements

According to M.S. § 169A.275, a second DWI offense carries a mandatory penalty of a minimum of 30 days of incarceration or eight hours of community work service for each day less than 30 served. Community service may be served at a non-profit organization, county-run program, or other court-approved community organizations.

Impact on Auto Insurance

Most insurance companies categorize individuals who have a second DWI conviction on their driver's record as "high-risk". As a result, they typically charge such individuals higher insurance premiums for an extended time, usually between three (3) and five (5) years. Additionally, most drivers with a DWI conviction are required under state laws to obtain a special type of insurance certification, known as SR-22, which is relatively more expensive than regular policies.

In some cases, insurance companies can outrightly deny coverage to repeat DWI offenders, as they are not legally required to provide it to everyone.

Which Courts Handle DWI Cases in Minnesota?

Minnesota has a single type of trial court—the District Court—which handles all criminal and civil cases, including DWI cases. The addresses and contact information of some District courts in notable Minnesota Counties that handle DWI cases include:

Ramsey County District Court
Ramsey County Suburban Court
2050 White Bear Avenue,
Maplewood, MN 55109
Phone: (651) 266-1999

Hennepin County District Court - Criminal Division 1 GC
Hennepin County Government Center
300 South 6th Street,
Room C-11,
Minneapolis, MN 55487
Phone: (612) 348-2040

Dakota County District Court
Dakota County Judicial Center
1560 Highway 55,
Hastings, MN 55033
Phone: (651) 438-8100
Fax: (651) 438-8162

Anoka County District Court
Anoka County Courthouse
2100 3rd Avenue,
Anoka, MN 55303
Phone: (763) 760-6700
Fax: (763) 712-3247

Washington County District Court
Washington County Courthouse
14949 62nd Street North,
P.O. Box 3802,
Stillwater, MN 55082
Phone: (651) 430-6263
Fax: (651) 430-6300

The Minnesota Department of Public Safety oversees and enforces most administrative penalties imposed against an individual for a DWI offense, such as driver's license revocation and ignition interlock device programs. The agency is also responsible for reinstating driving privileges. An interested person can use the agency's driving privilege lookup portal to apply for reinstatement, call (651) 296-2025, or go to the local exam station.

Can You Get a DWI on a Horse in Minnesota?

No. Minnesota DWI laws do not apply to riding horses, only driving motor vehicles. However, an individual may be charged with other offenses, such as public intoxication, disorderly conduct, or reckless endangerment, for riding a horse while intoxicated in Minnesota.