Fourth-Degree DWI (Minnesota)
The least severe DWI charge in Minnesota — typically a first offense with a BAC between 0.08% and 0.15%, no aggravating factors, and no prior DWI convictions.
Minnesota divides DWI (Driving While Intoxicated) offenses into four degrees, with fourth-degree being the least severe. A fourth-degree DWI is a misdemeanor punishable by up to 90 days in jail and a $1,000 fine. It typically involves a first-time offender with a blood alcohol concentration (BAC) of 0.08% to 0.15%, no aggravating factors, and no priors within the lookback period.
The four degrees of DWI in Minnesota work as follows: Fourth degree is a misdemeanor (first offense, low BAC). Third degree is a gross misdemeanor — triggered by a BAC of 0.16% or above, a prior DWI within 10 years, or having a child under 16 in the vehicle. Second degree is a gross misdemeanor triggered by two or more aggravating factors. First degree is a felony — charged when the driver has three or more prior DWI convictions within 10 years, or a prior felony DWI conviction.
Minnesota also allows DWI charges based on impairment by drugs (including prescription drugs), not just alcohol. You can be charged with DWI even with a BAC below 0.08% if the officer determines you were impaired. Commercial drivers face a lower BAC threshold of 0.04%.
MN CRIME tracks DWI charges across Minnesota's 87 counties. You can see recent DWI filings at mncrime.com/charges/dwi. Repeat DWI offenders — those facing felony first-degree charges — often appear in our high-signal case feed at mncrime.com/latest. DocDash subscribers at mncrime.com/dashboard can filter the full case database by charge type and county.
This explanation describes the general meaning of this Minnesota legal term as used in Minnesota district court records. For legal advice, consult a licensed Minnesota attorney. Authoritative sources include the Minnesota Statutes and the Minnesota Judicial Branch.
Related Terms
ArraignmentThe first court appearance after charges are filed. The defendant is formally told what they are cha...Conditional ReleaseRelease from custody before trial under specific conditions set by a judge — such as check-ins, no-c...Gross Misdemeanor vs. FelonyIn Minnesota, a gross misdemeanor is the most serious non-felony offense, punishable by up to one ye...Repeat Offender (MN CRIME)A defendant who has two or more criminal complaints on file in the MN CRIME database, indicating pri...