CAWPS

Explained

Minnesota DWI degrees, explained

Minnesota has four degrees of driving while impaired. Fourth degree is a misdemeanor with no aggravating factors. Third degree is a gross misdemeanor with one aggravating factor. Second degree is a gross misdemeanor with two or more. First degree is a felony.

The four degrees

DegreeWhen it appliesLevel
FourthA DWI with no aggravating factorsMisdemeanor
ThirdA DWI with one aggravating factor, or refusing a chemical testGross misdemeanor
SecondA DWI with two or more aggravating factors, or a test refusal with oneGross misdemeanor
FirstA DWI within ten years of the first of three or more qualified prior incidents, or after a prior felony DWIFelony: up to seven years, a fine of up to $14,000, or both

What counts as an aggravating factor

Minnesota law lists three:

  • A qualified prior impaired driving incident within the ten years before the current offense.
  • An alcohol concentration of 0.16 or more, measured at the time of the offense or within two hours of it.
  • A child under 16 in the vehicle, if the child is more than 36 months younger than the driver.

Is a DWI a felony in Minnesota?

Only first-degree DWI is a felony. Second and third degree are gross misdemeanors, and fourth degree is a misdemeanor.

What is a third-degree DWI?

A third-degree DWI is a DWI with one aggravating factor present, or a refusal to take a chemical test. It is a gross misdemeanor.

Misdemeanor, gross misdemeanor, felony

In Minnesota a misdemeanor carries up to 90 days, a fine of up to $1,000, or both. A felony is a crime for which a sentence of a year or more may be imposed. A gross misdemeanor is any crime in between, with a maximum fine of $3,000.

Where this shows up on CAWPS

In Form Says Arms, the complaint lists an alcohol concentration of .183 and two counts of third-degree DWI. A concentration of 0.16 or more is one of the aggravating factors in the statute.

Sources

Checked October 3, 2026. General information, not legal advice.