When Does a DWI Become a Felony in Minnesota?

Most DWI charges in Minnesota are misdemeanors or gross misdemeanors. Under certain circumstances, however, a DWI can be charged as a felony.

Minnesota calls felony DWI first-degree driving while impaired.

The distinction matters. A felony DWI exposes a person to substantially more serious criminal consequences and can affect employment, professional opportunities, firearm rights and many other parts of life long after the case is over.

But not every aggravated DWI is a felony.

A high alcohol concentration, having a child in the vehicle or having a prior DWI can make a case more serious without necessarily turning the new offense into a felony.

What Makes a DWI a Felony in Minnesota?

Under Minnesota law, a person can be charged with first-degree DWI if the new DWI occurs under certain circumstances involving the person’s prior record.  One of the most common is when a person commits a new DWI within ten years of the first of three or more qualified prior impaired-driving incidents.

A DWI may also qualify as first-degree DWI if the person has previously been convicted of felony DWI. Minnesota law also identifies certain prior felony criminal-vehicular convictions involving alcohol or controlled substances that can support a first-degree DWI charge.

This means the analysis is more complicated than simply asking, “How many DWIs have I had?”

The dates, type and legal status of the prior incidents matter.

Is a Fourth DWI Automatically a Felony in Minnesota?

Not necessarily.

People often describe Minnesota’s law by saying that a “fourth DWI is a felony.” That can be a useful shorthand, but it leaves out an important part of the statute.

Minnesota’s first-degree DWI law looks at qualified prior impaired-driving incidents and when they occurred.  If the prosecution is relying on three prior impaired-driving incidents to make the current offense a felony, the statutory ten-year period matters.

An attorney defending a felony DWI should therefore examine the prior incidents rather than simply accepting the number listed in a police report or charging document.

What Is a “Qualified Prior Impaired Driving Incident”?

Minnesota DWI law uses the term “qualified prior impaired driving incident.”

That category can include more than a prior Minnesota DWI conviction. Depending on the circumstances, qualifying incidents can include prior impaired-driving convictions and certain previous impaired-driving-related driver’s-license revocations or other qualifying administrative actions.

This distinction is important because someone may have a prior incident that affects the current DWI charge even if that prior incident did not result in what the person thinks of as a traditional DWI conviction.

The exact history should be reviewed carefully.

Does a DWI From Another State Count in Minnesota?

It can.  Minnesota’s statutory definitions can include qualifying impaired-driving incidents from other jurisdictions. Whether a particular out-of-state conviction or license action qualifies requires looking at the underlying offense and applicable Minnesota law.

For someone who has lived in several states, determining the correct degree of a Minnesota DWI charge may therefore require reviewing records from outside Minnesota.

Is a .16 Alcohol Concentration a Felony DWI?

No. A .16 or higher alcohol concentration is an aggravating factor under Minnesota DWI law, but it does not by itself make a DWI a felony.

Aggravating factors are used in determining the degree of certain nonfelony DWI offenses.

For example, depending on the underlying DWI offense, one aggravating factor can elevate a case to third-degree DWI, while two or more can result in second-degree DWI. Those offenses are generally gross misdemeanors rather than felonies.

First-degree felony DWI has its own statutory requirements.

Is DWI With a Child in the Car Automatically a Felony?

No.  Having a qualifying child passenger in the vehicle is an aggravating factor under Minnesota law. Specifically, the statute addresses a child under 16 who is more than 36 months younger than the person accused of DWI.

That aggravating factor can increase the severity of a DWI charge, but it does not by itself turn the offense into first-degree felony DWI.

The facts can nevertheless make the case considerably more serious and may create additional legal concerns.

What Is the Difference Between First-, Second-, Third- and Fourth-Degree DWI?

Minnesota divides DWI offenses into four degrees.

• Fourth-degree DWI is generally the basic misdemeanor-level DWI offense when the statutory circumstances for a higher degree are not present.
• Third-degree DWI is generally a gross misdemeanor and can apply when an aggravating factor is present. Test-refusal cases are also treated differently under Minnesota’s degree statutes.
• Second-degree DWI is also a gross misdemeanor and generally involves additional aggravating circumstances.
• First-degree DWI is the felony-level offense and is based on the specific prior-record circumstances established by Minnesota’s felony DWI statute.

The degree matters because it changes the potential penalties and often changes the way the case needs to be defended.

What Are the Penalties for Felony DWI in Minnesota?

First-degree DWI is a felony.

Minnesota law provides a maximum sentence of seven years in prison, a fine of up to $14,000, or both.

There are also statutory provisions addressing mandatory penalties for felony DWI convictions.

The actual consequences in an individual case depend on factors including the person’s criminal history, prior DWI record, facts of the current offense and application of Minnesota’s sentencing laws.

There may also be consequences beyond the criminal sentence, including driver’s-license restrictions and other collateral effects associated with a felony conviction.

Can a Felony DWI Charge Be Challenged?

Yes. Being charged with felony DWI does not mean the prosecution has proved the charge.

The defense may involve both the current arrest and the prior history being used to elevate the offense.

Questions can include:

• Was there a lawful basis for the traffic stop?
• Did police have sufficient evidence to expand the investigation?
• Were field sobriety tests properly administered?
• Was chemical testing lawful and reliable?
• Were constitutional rights respected?
• Do the alleged prior incidents legally qualify?
• Are the dates of the prior incidents within the period required by the statute?
• Are out-of-state convictions or license actions being characterized correctly?

In a felony case, those details matter enormously.

A Felony DWI Requires Careful Review

Seeing the word felony on a charging document is frightening. But the charge is the beginning of the criminal case, not the end of it.

Attorney John Lesch represents people facing DWI charges in Minnesota and examines both the allegations surrounding the current arrest and the history being used to determine the degree of the offense.

If you have been charged with first-degree DWI, the first priority is to understand exactly why the state has classified the offense as a felony and what evidence supports that classification.

Contact Lesch Law Firm to discuss a Minnesota felony DWI charge.

Frequently Asked Questions About Felony DWI in Minnesota