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Minnesota · When it becomes a felony

Is a DWI a felony in Minnesota?

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Four incidents in ten years, and the floor is three years. Minnesota counts incidents rather than convictions, and the felony line sits at the fourth in ten years — a violation committed within ten years of the first of three or more qualified prior impaired driving incidents. A previous felony DWI, or a previous felony criminal vehicular homicide, gets there in one step. The grade carries a ceiling of seven years and $14,000, but the number that matters is the floor: the mandatory penalties section sets imprisonment at not less than three years. The court may stay execution of that sentence, and in practice often does, which is why the statutory minimum and the sentence actually served diverge more here than in most states.

Written any number of ways — a 3rd DWI, a DWI 3rd, a felony DWI, or simply a DWI in MN — and the paperwork will use none of them. Minnesota charges it under a section number, and that is what decides the range below.

What the statute sets

Grade. Felony (first-degree driving while impaired)

Confinement. Mandatory minimum three years; up to seven

Fine. Up to $14,000

Minnesota Statutes § 169A.24 · Minn. Stat. § 169A.24 subd. 1, subd. 2; § 169A.276 subd. 1(a), subd. 2 · checked 2026-09-06

The other half of the sentence

The device is a separate track

Minnesota runs the interlock as a program you enroll in, not just a device you fit. It is the route back to driving during a revocation, and it is mandatory for repeat offenses. The device is defined by statute as one that blocks the ignition at 0.02% or above.

In Minnesota the interlock term runs Not automatic and is administered by Minnesota Department of Public Safety, Driver and Vehicle Services — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.

Source: Minnesota Department of Public Safety, Driver and Vehicle Services

Speak to a Minnesota DUI attorney

Ranges are set by statute; where you land inside them is argued. Tell us where the case is and we will pass it to an attorney licensed in Minnesota.

Asked constantly

Minnesota DWI questions

Is a DWI a felony in Minnesota?

Four incidents in ten years, and the floor is three years. Minnesota counts incidents rather than convictions, and the felony line sits at the fourth in ten years — a violation committed within ten years of the first of three or more qualified prior impaired driving incidents. A previous felony DWI, or a previous felony criminal vehicular homicide, gets there in one step. The grade carries a ceiling of seven years and $14,000, but the number that matters is the floor: the mandatory penalties section sets imprisonment at not less than three years. The court may stay execution of that sentence, and in practice often does, which is why the statutory minimum and the sentence actually served diverge more here than in most states.

What does a 3rd DWI in Minnesota carry?

Felony (first-degree driving while impaired): mandatory minimum three years; up to seven, and a fine of up to $14,000. The range is set by Minn. Stat. § 169A.24 subd. 1, subd. 2; § 169A.276 subd. 1(a), subd. 2, and the figures on this page come from the statute rather than from a summary of it.

Does an interlock come with it in Minnesota?

Minnesota runs the interlock as a program you enroll in, not just a device you fit. It is the route back to driving during a revocation, and it is mandatory for repeat offenses. The device is defined by statute as one that blocks the ignition at 0.02% or above. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by Minnesota Department of Public Safety, Driver and Vehicle Services.

Other steps in Minnesota: first offense penalties and second offense penalties.

All Minnesota DWI rules →Penalties across the states →Minnesota DUI lawyers →Getting the license back →

Attorney advertising. InterlockDeviceNearMe is not a law firm, does not practice law, and does not give legal advice. Nothing here creates an attorney-client relationship. Requesting a consultation connects you with an independent attorney or a legal referral service, who decide separately whether to take your case. Case outcomes depend on facts we do not know, and no result is ever promised. Deadlines in DUI cases are short and vary by state — speak to a licensed attorney in your state before relying on anything you read here.