A DWI conviction can cost you your license, your job and your freedom. Our
Mankato DWI defense attorneys fight to protect your driving privileges and your
future.
Being charged with Driving While Impaired (DWI) in Minnesota is one of the most serious criminal matters you can face. Under Minnesota Statutes Chapter 169A, a DWI conviction carries consequences that extend far beyond the courtroom, including jail time, thousands of dollars in fines, driver’s license revocation, plate impoundment (“whiskey plates”), vehicle forfeiture, mandatory ignition interlock, and a permanent criminal record that can affect your employment, housing and professional licensing for years to come.
At Birkholz Law, our Mankato DWI defense attorneys have defended hundreds of clients in Blue Earth County, Nicollet County, Brown County and courts throughout Southern Minnesota. We understand the science behind breath testing (DataMaster DMT), blood testing, urine testing, and Standardized Field Sobriety Tests (SFSTs). We know that these tests are not infallible, machines malfunction, officers make procedural errors and constitutional rights are violated. Our job is to examine every detail of your traffic stop, arrest and testing to find the weaknesses in the prosecution’s case.
Minnesota’s DWI laws are among the most complex and harshly penalized in the country. The state classifies DWI offenses into four degrees based on your blood alcohol concentration (BAC), prior offenses within a ten-year lookback period and the presence of aggravating factors. Understanding the specific degree of your charge and the mandatory minimum penalties you face is the critical first step toward building an effective defense strategy.
Minnesota DWI Degrees and Penalties
Minnesota classifies DWI offenses into four degrees under Minn. Stat. 169A.24 through 169A.27, with penalties escalating based on the severity of the offense. Fourth-degree DWI (Minn. Stat. 169A.27) is a misdemeanor, typically a first-time offense with no aggravating factors, carrying a maximum penalty of 90 days in jail and a $1,000 fine, plus a 90-day driver’s license revocation. While it is the least severe DWI charge, a conviction still results in a permanent criminal record.
Third-degree DWI (Minn. Stat. 169A.26) is a gross misdemeanor that applies when one aggravating factor is present. It carries a maximum penalty of 364 days in jail and a $3,000 fine, with a one-year license revocation. Second-degree DWI (Minn. Stat. 169A.25) is also a gross misdemeanor but applies when two or more aggravating factors are present, carrying the same maximum penalties plus mandatory plate impoundment, the infamous ‘whiskey plates’ and potential vehicle forfeiture.
First-degree DWI (Minn. Stat. 169A.24) is a felony, the most serious DWI charge in Minnesota. It applies when you have three or more qualified prior impaired driving incidents within the past ten years, or when you have a prior felony DWI conviction. A first-degree DWI carries a maximum penalty of seven years in state prison and a $14,000 fine, with a minimum three-year license revocation (up to six years), mandatory plate impoundment and vehicle forfeiture.
The severity of your DWI charge depends heavily on the number of aggravating factors present. Minnesota law (Minn. Stat. 169A.03) defines three specific aggravating factors: (1) a blood alcohol concentration of 0.16 or higher, double the legal limit of 0.08; (2) a qualified prior impaired driving incident within the past ten years, which includes prior DWI convictions, prior license revocations for DWI and prior implied consent violations; and (3) having a child under the age of 16 in the vehicle at the time of the offense.
The number of aggravating factors directly determines the degree of your DWI charge. Zero aggravating factors results in a fourth-degree (misdemeanor) charge. One aggravating factor elevates the charge to third-degree (gross misdemeanor). Two or more aggravating factors result in a second-degree (gross misdemeanor) charge with enhanced penalties. Our attorneys carefully analyze every aggravating factor alleged by the prosecution and challenge any that are not properly supported by the evidence.
Minnesota’s implied consent law (Minn. Stat. 169A.51) means that by driving on Minnesota roads, you have implicitly consented to chemical testing of your blood, breath or urine if a peace officer has probable cause to believe you are driving while impaired. Before requesting a test, the officer must read you the implied consent advisory, which informs you of your rights and the consequences of refusal.
Refusing a chemical test is itself a crime under Minn. Stat. 169A.20, subd. 2. A test refusal is treated as a gross misdemeanor, equivalent to a second-degree DWI, even if it is your first offense. Refusal results in a minimum one-year driver’s license revocation, and the refusal can be used as evidence against you at trial. However, the U.S. Supreme Court’s decision in Birchfield v. North Dakota (2016) established that police generally cannot require a blood test without a warrant, which has significant implications for Minnesota DWI cases.
If your license has been revoked for a test failure or refusal, you have only 60 days to file a petition challenging the revocation through an implied consent hearing in district court. This is a separate proceeding from your criminal case, and the deadline is strict, missing it means losing your right to challenge the revocation. Our attorneys act immediately to protect your driving privileges and file timely challenges.
Every DWI case begins with a traffic stop, and every traffic stop must be supported by reasonable articulable suspicion of a traffic violation or criminal activity. If the officer lacked a valid legal basis for the stop, all evidence obtained afterward, including field sobriety tests, breath tests and your statements, may be suppressed under the Fourth Amendment. Our attorneys careful ly review squad car dashcam footage, body camera recordings, and police reports to identify unlawful stops.
Field sobriety tests must be administered according to the standards established by the National Highway Traffic Safety Administration (NHTSA). Officers frequently deviate from these standards, giving incorrect instructions, testing on uneven surfaces, or failing to account for medical conditions that affect balance. Our attorneys are trained in NHTSA protocols and know how to expose improper administration.
Breath testing on the DataMaster DMT machine requires strict adherence to calibration schedules, observation periods, and operational procedures established by the Minnesota Bureau of Criminal Apprehension (BCA). We obtain and review maintenance records, calibration logs, and operator certifications to identify any irregularities that could undermine the reliability of your test results. Blood tests must follow proper chain-of-custody protocols, and we challenge any gaps or irregularities in how your sample was collected, stored and analyzed.
A farmer from Blue Earth County is driving home after a late dinner with friends in Mankato. He had two beers over the course of three hours and feels fine to drive. On a county road just outside of town, he gets pulled over. The officer says he crossed the centerline. The farmer, unfamiliar with his rights, immediately admits to having a couple of beers. This is a common mistake. People often believe that honesty will lead to leniency, but any admission of drinking can and will be used against them.
The officer then asks the farmer to perform field sobriety tests. The farmer, wanting to cooperate and believing he can prove his sobriety, agrees. He struggles with the tests on the uneven gravel shoulder of the road. He doesn’t know that he has the right to refuse these tests, or that the conditions can make them unreliable. His perceived failure on these tests gives the officer probable cause to arrest him for DWI under Minn. Stat. § 169A.20.
At the station, the officer reads him the Implied Consent Advisory and asks for a breath test. The farmer, now scared and confused, agrees. The test shows a BAC of 0.09. He is charged with a fourth-degree DWI. A knowledgeable DWI attorney would have advised him to refuse the field sobriety tests. An attorney would also scrutinize the legality of the initial traffic stop and the administration of the breath test, looking for errors that could lead to the suppression of evidence and a dismissal of the charges.
A DWI conviction in Minnesota extends far beyond fines and potential jail time. The consequences can impact your ability to find and maintain housing. Many landlords run criminal background checks, and a recent DWI can be grounds for denial. This is especially true for corporate-owned apartment complexes. Even if you own your home, a DWI that leads to license revocation can make it difficult to commute to work, run errands and live a normal life, particularly in rural areas of Southern Minnesota where public transportation is limited.
Employment is another major area of concern. A DWI conviction can lead to job loss, especially if your job requires driving a company vehicle or a commercial driver’s license. Many employers have policies against hiring individuals with recent DWI convictions, viewing them as a liability. The conviction will appear on background checks for years, potentially limiting future job opportunities and career advancement. For professionals like nurses, pilots or lawyers, a DWI must be reported to their respective licensing boards, which can result in suspension or revocation of their professional license.
Your right to own firearms can also be affected. While a typical misdemeanor DWI conviction does not automatically result in the loss of firearm rights, a felony-level DWI conviction will. Under Minn. Stat. § 624.713, a person convicted of a crime punishable by more than a year in prison is prohibited from possessing firearms. A first-degree DWI is a felony in Minnesota, and a conviction will result in a lifetime ban on gun ownership. This is a serious and often overlooked consequence for many Minnesota gun owners.
The impact on your family and personal life can be just as devastating. A DWI can strain relationships and lead to divorce. If you are involved in a child custody dispute, a DWI conviction can be used against you by the other parent to argue that you are an unfit parent. Furthermore, a DWI conviction can have serious immigration consequences. For non-citizens, a DWI may be considered a crime of moral turpitude, which can lead to deportation, denial of naturalization or inadmissibility to the United States.
“I can only get a DWI if my BAC is 0.08 or higher.” This is perhaps the most common myth. While a BAC of 0.08 or more is one way to be charged with DWI under Minn. Stat. § 169A.20, you can also be charged if you are simply “under the influence” of alcohol, a controlled substance, or even a prescription medication. This means that if your driving is impaired to any degree, you can be arrested and charged with a DWI, regardless of your BAC.
“If I refuse the breath test, I can’t be convicted.” This is false. Refusing a chemical test is a crime in itself under Minn. Stat. § 169A.20, subd. 2. In fact, the penalties for refusal can be more severe than for a first-time DWI. The fact that you refused the test can also be used against you in court as evidence of guilt. You will also face a longer period of driver’s license revocation for a refusal.
“A DWI is just a traffic ticket.” A DWI is a criminal offense in Minnesota, not a simple traffic violation. A conviction will result in a permanent criminal record that can have lifelong consequences. Even a first-time offense can lead to jail time, thousands of dollars in fines and fees, and a lengthy license revocation. Subsequent offenses carry mandatory jail time and can even be charged as a felony.
“I can represent myself in a DWI case.” While you have the right to represent yourself, it is a very bad idea. DWI law is incredibly complex, with changing statutes and case law. A person without legal training is no match for an experienced prosecutor. A qualified DWI attorney can identify legal issues, challenge evidence and negotiate a favorable outcome that you would not be able to achieve on your own.
A surprising number of DWI cases are won by challenging the legality of the initial traffic stop. The police cannot stop a vehicle on a whim or a hunch. They must have a “reasonable, articulable suspicion” that you have violated a traffic law or are engaged in criminal activity. This is a low standard, but it is a standard nonetheless. If the officer cannot articulate a valid reason for the stop, any evidence obtained as a result of the stop, including the DWI charge itself, can be suppressed. In State v. Burbage, the Minnesota Court of Appeals suppressed evidence from a DWI stop because the officer’s suspicion of criminal activity was not reasonable.
Another common defense is to challenge the officer’s probable cause to arrest. Probable cause is a higher standard than reasonable suspicion. To arrest someone for DWI, the officer must have probable cause to believe that the person was driving while impaired. This is usually based on the officer’s observations, such as the smell of alcohol, slurred speech, and poor performance on field sobriety tests. However, these observations are subjective and can be challenged. For example, an attorney can argue that the client’s poor balance was due to a medical condition, not intoxication.
Challenging the accuracy and reliability of the chemical test is another key defense strategy. Breathalyzers are not infallible. They must be properly calibrated and maintained, and the test must be administered correctly. If the police fail to follow the proper procedures, the test results can be challenged. In State v. Bernard, the Minnesota Supreme Court held that the test refusal statute was unconstitutional as applied to a driver who was threatened with criminal charges for refusing a breath test without a warrant.
Finally, a skilled DWI attorney can use the rules of evidence to their client’s advantage. For example, they can file a motion to suppress evidence that was obtained in violation of the client’s constitutional rights. They can also challenge the admissibility of the state’s evidence at trial. By holding the state to its burden of proof, an attorney can often obtain a favorable outcome for their client, such as a dismissal of the charges or a reduction to a less serious offense.
The legal limit is 0.08% for drivers 21 and over operating a standard passenger vehicle. For commercial vehicle operators, the limit is 0.04%. Minnesota also has a ‘not a drop’ law for drivers under 21, any detectable amount of alcohol is a violation. A BAC of 0.16% or higher is an aggravating factor that elevates the degree of the charge.
Yes. Minnesota has an administrative license revocation process that is separate from the criminal case. Your license can be revoked for failing a chemical test (BAC of 0.08 or higher) or refusing a test, even before your criminal case is resolved. You have 60 days to challenge this administrative revocation through an implied consent hearing.
Whiskey plates are special registration plates beginning with the letter ‘W’ that are required for second-degree DWI offenses and above. They are also required when a driver’s license is revoked for a test refusal. Whiskey plates must remain on the vehicle for the duration of the revocation period, and law enforcement can stop vehicles with whiskey plates at any time.
This is a complex legal question that depends on your specific circumstances. Refusal is itself a crime in Minnesota and results in enhanced penalties, including a minimum one-year license revocation. However, refusing may also deprive the prosecution of BAC evidence. The best approach is to contact an attorney as soon as possible after your arrest to discuss your options. If you are reading this before a potential DWI situation, the safest choice is always not to drink and drive.
A DWI conviction remains on your criminal record permanently unless it is expunged. For purposes of determining the degree of future DWI charges, Minnesota uses a ten-year lookback period, meaning prior DWI incidents within the past ten years count as aggravating factors. Our attorneys can advise you on whether expungement may be available for a past DWI conviction.
In Minnesota, the charge is Driving While Impaired (DWI), which is broader than Driving Under the Influence (DUI). A DWI can be based on impairment from alcohol, a controlled substance, or even a prescription medication. DUI is an older, less common term in Minnesota, but is often used interchangeably with DWI.
Yes. Minnesota’s DWI laws apply to all motor vehicles, which includes cars, trucks, motorcycles, boats, ATVs, and snowmobiles. The penalties for a DWI on a recreational vehicle are just as serious as for a DWI in a car.
An ignition interlock device is a small breathalyzer that is installed in a vehicle. The driver must blow into the device before starting the car. If the device detects alcohol, the car will not start. A judge may order the installation of an ignition interlock device as a condition of probation or as a requirement for getting your driver’s license back after a DWI.
A DWI is a criminal offense that will stay on your criminal record forever. However, under certain circumstances, you may be able to get the conviction expunged. Expungement seals the record from public view, but it will still be accessible to law enforcement and other government agencies.
Minnesota has a ten-year lookback period for DWI offenses. If you have a prior DWI conviction within the past ten years, a new DWI will be charged as a more serious offense with enhanced penalties. For example, a second DWI is a gross misdemeanor, and a fourth DWI within ten years is a felony.
Yes, you are required to notify your insurance company of a DWI conviction. Your insurance rates will almost certainly increase, and your insurer may even cancel your policy. You will also be required to obtain high-risk insurance, which is significantly more expensive.
Time is critical, you have only 60 days to challenge your licens
revocation. Contact Birkholz Law immediately to speak with an
experienced DWI defense attorney in Mankato. We serve clients
throughout Blue Earth, Nicollet, Brown, Watonwan and Cottonwood
counties.
Award-winning law firm serving Southern Minnesota for over 50 years. Dedicated to protecting your freedom, rights and family.
121 St. Andrews Court Mankato, MN 56001
209 Armstrong Blvd South St. James, MN 56081
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