4th Degree DWI in Minnesota: What It Means and How It Works

Minnesota's DWI law uses a degree system to classify drunk and impaired driving offenses by severity. Most first-time offenders without aggravating factors land at the lowest end of that scale — fourth degree. Understanding what that classification means, what triggers it, and what typically follows helps drivers make sense of a charge that's easy to underestimate.

What Is a 4th Degree DWI in Minnesota?

A fourth degree DWI is the least severe DWI classification under Minnesota law — but it's still a criminal offense. Specifically, it's a misdemeanor, which means it carries potential jail time and fines, appears on a criminal record, and triggers consequences with the Minnesota Department of Public Safety.

This charge typically applies when:

• A driver's blood alcohol concentration (BAC) is 0.08% or higher but below 0.16%
• A driver is impaired by alcohol, a controlled substance, or a hazardous substance
• There are no aggravating factors present (more on those below)
• It's the driver's first DWI offense within the past ten years

The "fourth degree" label doesn't mean someone has four prior offenses. It refers to the statutory tier — fourth degree is the entry-level classification, and the degree number goes down as severity goes up.

What Makes an Offense 4th Degree vs. a Higher Degree?

Minnesota law grades DWI offenses based on aggravating factors. The presence of one or more of these factors can elevate a charge from fourth degree to third, second, or first degree — and shift it from a misdemeanor to a gross misdemeanor or even a felony.

Aggravating factors include:

A fourth degree charge means none of those factors were present at the time of the stop.

Criminal Penalties for 4th Degree DWI

As a misdemeanor, fourth degree DWI in Minnesota carries:

• Up to 90 days in jail
• Fines up to $1,000
• Or both

In practice, first-time offenders often don't serve the maximum. Courts frequently impose stayed sentences, meaning jail time is suspended pending completion of conditions like probation, alcohol education programs, or community service. However, outcomes vary significantly based on the judge, county, prosecutor, and the specifics of the stop.

License Consequences: The Administrative Side 🚗

Criminal penalties are only part of the picture. Minnesota's DWI law includes automatic administrative consequences handled separately from the criminal case — through the Department of Public Safety, not the courts.

A fourth degree DWI typically triggers:

• Driver's license revocation for a minimum of 90 days for a first offense
• Possible requirement to use an ignition interlock device to reinstate driving privileges earlier
• A license plate impoundment in some circumstances

The administrative revocation process runs on its own timeline and can begin almost immediately after arrest — often before any criminal conviction. Drivers typically have a short window (around 60 days in Minnesota) to request a hearing to challenge the revocation. Missing that window generally means the revocation proceeds automatically.

Vehicle and Plate Consequences

Minnesota law allows — and in some cases requires — license plate impoundment following a DWI arrest. This means the physical plates are seized and special restricted plates (sometimes called whiskey plates) may be issued. These white-on-black plates are recognizable to law enforcement and signal that the vehicle is associated with a DWI case.

Whether plate impoundment applies to a fourth degree situation depends on the specific circumstances and whether the vehicle is registered to the driver.

Record Consequences and Long-Term Effects

A fourth degree DWI conviction becomes part of a person's criminal record in Minnesota. That matters beyond the immediate penalties:

• It counts as a prior offense if another DWI occurs within 10 years, which would elevate the next charge to third degree (a gross misdemeanor)
• It can affect auto insurance rates significantly — insurers treat DWI convictions as high-risk markers
• It may appear in background checks for employment, housing, or professional licensing

Minnesota does allow expungement of certain criminal records, but DWI convictions have specific rules around eligibility and timing. The process is separate from the DWI case itself.

What Typically Happens After a 4th Degree DWI Arrest

The general sequence in Minnesota looks like this:

1. Arrest and chemical test (breath, blood, or urine)
2. Administrative revocation notice issued, with a hearing request deadline
3. Criminal charges filed by the prosecuting authority
4. Court appearances — arraignment, pre-trial, possible plea or trial
5. Sentencing if convicted, including any probation conditions
6. License reinstatement process through the DPS once conditions are met

Each step has its own deadlines, fees, and requirements. The administrative and criminal processes overlap but are handled independently.

The Variables That Shape Individual Outcomes ⚖️

No two fourth degree DWI cases follow the exact same path. Outcomes depend heavily on:

• County and court — prosecutorial practices vary across Minnesota
• Prior record — even non-DWI offenses can affect sentencing
• Cooperation at the scene — whether a test was refused (refusal carries its own penalties)
• Whether a public defender or private attorney is involved
• Completion of conditions — alcohol assessment, treatment programs, and probation compliance all affect how a case resolves
• Insurance carrier — rate increases and policy changes vary by provider

The line between a fourth degree charge staying fourth degree — or being elevated, reduced through a plea, or dismissed — depends on specifics that only become clear when all the facts of a stop, arrest, and driving history are reviewed together.