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
| Degree | When it applies | Level |
|---|---|---|
| Fourth | A DWI with no aggravating factors | Misdemeanor |
| Third | A DWI with one aggravating factor, or refusing a chemical test | Gross misdemeanor |
| Second | A DWI with two or more aggravating factors, or a test refusal with one | Gross misdemeanor |
| First | A DWI within ten years of the first of three or more qualified prior incidents, or after a prior felony DWI | Felony: 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
- Minn. Stat. 169A.03 (definitions, including aggravating factor)
- Minn. Stat. 169A.24 (first-degree DWI)
- Minn. Stat. 169A.25 (second-degree DWI)
- Minn. Stat. 169A.26 (third-degree DWI)
- Minn. Stat. 169A.27 (fourth-degree DWI)
- Minn. Stat. 609.02 (felony, gross misdemeanor, misdemeanor)
Checked October 3, 2026. General information, not legal advice.