A first DWI in Minnesota: what it can result in

Minnesota builds DWI as four degrees and a first offence without aggravating factors lands on the fourth, which is a plain misdemeanor — up to ninety days and up to $1,000. There is no mandatory minimum here, and that is the real difference from the tier above: the mandatory penalties section starts biting at the second incident, where the court must impose at least forty-eight hours of incarceration or eighty hours of community work service that cannot be stayed. What moves a first offence up a degree is not the count but the circumstances: a high test result, a refusal, or a child in the car.

Start from what the statute forces and what it leaves to the judge. The floor here is up to 90 days. Everything above that floor is argued, and the same conviction can end up served in custody, on work release or as a condition of probation depending on the county and the judge. What no one can promise you is a sentence below the statutory minimum — that is not a question of persuasion.

Misdemeanor (fourth-degree driving while impaired): up to 90 days, and a fine of up to $1,000. The range is set by Minn. Stat. § 169A.27 subd. 1, subd. 2; § 609.02 subd. 3; § 169A.275 subd. 1, and the figures on this page come from the statute rather than from a summary of it.

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.