A glass of alcohol drink with a finger with car keys on the front.

What Is a 3rd Degree DWI in Minnesota?

A 3rd Degree DWI in Minnesota is a serious offense with penalties that include a driver’s license revocation, whiskey plates, steep fines, and jail time if convicted.

A glass of alcohol drink with a finger with car keys on the front.

Minnesota 3rd Degree DWI Convictions

In Minnesota, a driver convicted of a 3rd Degree DWI offense faces serious consequences. If convicted, it is a Gross Misdemeanor criminal charge that is one step above a Misdemeanor and one step below a Felony.

Aggravating factors that constitute a 3rd Degree DWI criminal charge include:

  • A prior DWI or loss of license due to alcohol-related charges within the past 10 years
  • A blood, urine, or breath test with a result of .16 or above
  • Refusal to provide a blood, urine, or breath test after requested by a police officer
  • An impaired driver has a passenger who is 16 years of age or younger in the car

If none of the above conditions apply, the offender will likely be charged with a 4th Degree DWI, a lesser offense that carries lighter penalties. If a driver is convicted of a Minnesota 3rd Degree DWI, he/she may face jail time, even if the above conditions do not apply. If the driver does not have a prior DWI or alcohol-related loss of license within the past 10 years, the mandatory minimum jail sentence of 30 days does not apply, however, the judge may still impose this sentence if the offender pleads guilty. If sentenced to 30 days in jail, the offender must serve at least 48 consecutive hours in jail. The remaining time may be served by electronic home monitoring or a work release if the offender is eligible. 

Penalties for a 3rd Degree DWI

Penalties for a 3rd Degree DWI include a mandatory minimum sentence of 30 days in jail and a loss of driver’s license and license plates for one year. If it’s a second DWI offense within the last 10 years, penalties may include up to one year in jail and loss of driver’s license for at least two years. A third DWI conviction may result in one year or more in jail, a $3,000 fine, and vehicle forfeiture.

If convicted of a 3rd Degree DWI in Minnesota, a person may also face additional consequences that include: mandatory whiskey plates; a criminal record showing a gross misdemeanor; mandatory community service; loss of job and/or income; higher insurance costs.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

People facing drug crime charges who were victims of unlawful search or seizure may wonder, “What role does search and seizure law play in drug cases?” Under the Fourth Amendment, search and seizure law protects you from unreasonable searches and seizures by law enforcement officers. The Minnesota constitution provides similar protections.
One question that may linger on your mind upon discovering you are under drug crime investigation is: “What should I do if I’m arrested on drug charges?” The first thing you should do if you’re arrested on drug charges in Minneapolis is stay calm and cooperative. Then, document the arrest while the event is still fresh in your mind. Next, hire a lawyer who has built a successful practice around helping criminal defendants facing drug related charges.
If you are facing a sex crime charge or suspect the police are investigating you, you might wonder: “Can I be charged with a sex crime if the other party consents?” While you might have consensual sex with someone, sex crime charges can still be filed against you in Minnesota. Legal concerns, such as the complainant’s age, mental capacity, and legal authority, are usually considered during court proceedings for sex crime cases. All those issues can impact your case.