Fourth-Degree DWI (Minnesota)

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.