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Is A DWI A Felony In MN?

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Posted: 1st December 2025
Jacob Mallinder
Last updated 1st December 2025
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A DWI charge in Minnesota can lead to serious consequences, and many people wonder, is a DWI a felony in MN? Understanding how Minnesota classifies these offenses is the first step in assessing the potential legal and personal impact of a charge.

Minnesota law outlines specific factors that determine whether a DWI rises to the felony level. When these elements apply, the penalties increase significantly under Minnesota DWI laws, making it essential to understand your rights and next steps. In this article, we break down exactly when a DWI becomes a felony and what it means for you.

Minnesota’s Legal Threshold For Felony DWI

Minnesota establishes strict standards for determining when a DWI becomes a felony. These legal criteria outline how a lower-level offense can escalate, helping drivers understand when enhanced criminal penalties may apply.

Overview Of DWI Degrees In Minnesota

Minnesota divides DWI charges into four degrees, each reflecting severity based on prior offenses, aggravating elements, or test refusal. Fourth-Degree is the least serious, while First-Degree represents the most severe classification, reserved for repeat offenders facing significant legal consequences.

Definition Of First-Degree Felony DWI

First-Degree DWI is Minnesota’s only felony-level impaired driving offense. It applies when a driver’s history includes multiple prior DWI convictions or previous felony-level alcohol-related crimes, making it the state’s harshest impaired-driving classification with significantly elevated penalties.

Relationship Between Prior Offenses And Charge Elevation

Minnesota law closely examines a driver’s previous DWI history when determining charge severity. Prior convictions or past felony-level alcohol offenses can elevate a new incident to First-Degree status, resulting in felony prosecution and substantially increased legal consequences.

Primary Factors Leading To Felony DWI Charges

Minnesota identifies several specific factors that can elevate a standard DWI to a felony. These criteria focus primarily on a driver’s prior impaired-driving history and certain aggravating elements that significantly increase the severity of the offense.

Prior Convictions Within Ten Years

A driver who records three qualified DWI-related convictions within a ten-year period automatically faces a felony charge for the next offense. This repeat-offender rule is Minnesota’s most common route to First-Degree DWI and results in substantially increased penalties.

Prior Felony Alcohol Offenses

Any individual with a prior felony DWI or felony criminal vehicular operation involving alcohol will automatically face a felony charge for a new offense. Minnesota imposes strict consequences for anyone previously convicted of felony-level impaired-driving conduct.

Aggravating Circumstances And Severity

Aggravating circumstances, such as a high blood alcohol concentration, test refusal, or having a minor in the vehicle, increase the seriousness of a DWI. While insufficient alone for felony status, these factors can elevate the charge when combined with prior offenses.

Statutory Penalties Associated With Felony DWI

A felony DWI in Minnesota can result in a prison sentence of up to seven years. Courts may also impose extended probation, mandatory treatment requirements, and strict supervision conditions depending on the individual’s prior record and specific circumstances surrounding the offense.

Financial consequences for a felony DWI are severe, with fines reaching as high as $14,000. Offenders often face mandatory minimum jail sentences, required chemical dependency assessments, and participation in treatment programs designed to address underlying alcohol-related issues.

Felony DWI convictions can bring significant administrative penalties, including long-term license revocation, vehicle forfeiture, whiskey plates, and ignition interlock obligations. These measures are intended to limit driving privileges, increase accountability, and reduce the risk of future impaired-driving incidents.

A felony DWI creates long-lasting effects that extend beyond criminal penalties. The conviction impacts employment opportunities, housing access, licensing eligibility, and firearm rights. Because it remains permanently on record, it carries serious and lasting personal and professional consequences.

Comparison Between Felony And Misdemeanor DWI Levels

Felony and misdemeanor DWI charges differ significantly in severity, with felonies carrying harsher legal consequences. Felony cases involve higher-level criminal classification, increased restrictions, and greater long-term impact compared to misdemeanor or gross misdemeanor impaired-driving offenses in Minnesota. 

Sentencing for felony DWI includes the possibility of state prison time, mandatory minimum jail terms, and extended probation conditions. Misdemeanor cases typically result in shorter jail sentences, lighter fines, and fewer long-term restrictions imposed by the court. 

Criminal record consequences vary widely, as felony DWIs remain permanently on record, creating significant barriers in daily life. Misdemeanor convictions carry fewer long-term effects, though they still influence background checks and future legal consequences for repeat offenders.

Duration Of Felony DWI On Criminal And Public Records

A felony DWI remains permanently on both criminal and public records in Minnesota. This lifelong classification affects various aspects of personal and professional life, making it one of the most severe and enduring impaired-driving consequences.

Lifetime Permanence Of Felony Convictions

Felony DWI convictions never expire from a person’s record, remaining accessible to employers, licensing boards, and government agencies indefinitely. This permanent status greatly increases long-term consequences, limiting opportunities and creating ongoing challenges in multiple areas of daily life.

Limitations On Expungement

Expungement options for felony DWI convictions are extremely limited in Minnesota, with most cases ineligible under the current law. Even when partial relief is possible, core criminal records often remain visible, significantly restricting the ability to fully clear one’s history.

Influence On Future Background Checks

Felony DWI convictions appear on nearly all standard background checks, affecting employment, housing applications, professional licensing, and firearm eligibility. Because the conviction is permanent, it continues to influence personal and professional opportunities long after sentencing is complete.

Possibilities For Charge Reduction Or Case Mitigation

Potential reductions may occur when evidence suggests the original charge level is unsupportable. Courts and prosecutors sometimes consider lowering a First-Degree DWI when specific legal or factual weaknesses exist, though such outcomes depend heavily on case circumstances. 

Evidentiary weaknesses, such as improper testing procedures, unreliable breath results, or unlawful traffic stops, can create opportunities for reduced charges. Demonstrating these issues may significantly influence negotiations, potentially leading to a lower-level DWI classification or mitigated penalties. 

Negotiated outcomes may include plea agreements, alternative sentencing options, or reduced charges when supported by the case record. These agreements aim to balance public safety concerns with individual circumstances, potentially offering meaningful relief for defendants facing felony-level impaired-driving allegations. 

Conclusion

A felony DWI in Minnesota carries lifelong consequences, making it one of the state’s most serious impaired-driving charges. Understanding the factors that elevate a DWI to felony status helps individuals recognize the magnitude of these cases. With harsh penalties, permanent records, and lasting personal impacts, seeking experienced legal guidance is essential to protect rights and explore every possible defense or mitigation opportunity.

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About the Author

Jacob Mallinder
Jacob has been working around the Legal Industry for over 10 years, whether that's writing for Lawyer Monthly or helping to conduct interviews with Lawyers across the globe. In his own time, he enjoys playing sports, walking his dogs, or reading.
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