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Protect Your Rights Against A DUI / DWIWhat are the Mandatory Minimum Sentences for DWI Offenses in Minnesota?

The Minnesota Legislature has mandated that upon conviction for DWI, repeat offenders are subject to the following mandatory minimum criminal penalties:

Offense Mandatory Minimum Penalty
Second DWI offense within ten years 30 days incarceration, at least 48 hours of which must be served in jail/workhouse, with eight hours community work service for each day less than 30 served.
Third DWI offense within ten years  90 days incarceration, at least 30 days of which must be served consecutively in a local jail/workhouse.
Fourth DWI offense within 10 years 180 days incarceration, at least 30 days of which must be served consecutively in a local jail/workhouse.
Fifth DWI offense within 10 years One year of incarceration, at least 60 days of which must be served consecutively in a local jail/workhouse.

(For the full range of possible criminal and administrative penalties, see my DWI penalties page.)

For All Repeat Offenders:

The court may order that the person spend the remainder (non custodial portion) of the mandatory minimum sentence under REAM or on home detention (EHM).

An Alternative to the Mandatory Minimum Period of Incarceration:

The court may sentence the offender to a program of intensive probation for repeat DWI offenders that requires the person to consecutively serve at least six days in jail/workhouse and may order that the remainder of the minimum sentence be served on home detention.

Long-term Monitoring Required:

Long-term monitoring applies to most third-time DWI offenders and all those under age 19. When the court stays part or all of a jail sentence, it must order the offender to submit to REAM for at least 30 days each year of probation.

Felony DWI Penalties:

If a person is convicted of felony DWI and given a stayed prison sentence, then that person must be sentenced in accordance with the local sentencing provisions described in this section.

Intermediate Sanctions and Probation:

When sentencing a DWI offender, the court may impose and execute a sentence to incarcerate, or it may stay imposition or execution of sentence and:

  • order intermediate sanctions without probation; or
  • place the person on probation with or without supervision and under terms the court prescribes, including intermediate sanctions if prescribed.

The term "intermediate sanction" includes (but is not limited to) jail, electronic home monitoring (EHM), intensive supervision, sentence to service (work crew), day reporting, chemical dependency and mental health treatment, restitution, fines, community work service, restorative justice work, and work service in lieu of fines or restitution.

For DWI convictions, the maximum period of the stay of sentence is:

  • two years for a misdemeanor conviction;
  • six years for a gross misdemeanor conviction; and
  • seven years for felony DWI conviction.

If you are facing a multiple offense charge of DWI in Minnesota, you need experienced legal counsel to help you.
Call me for a free Minnesota DWI legal consultation at 612-334-3342.