A third-degree DWI in Minnesota is a felony charge that carries jail time, fines, and a mandatory license revocation
In Minnesota, a third-degree DWI (driving while impaired) is charged when you have two or more prior DWI convictions within the past ten years, or when you refuse a breath or blood test after being arrested. Unlike first and second-degree DWIs, which are typically misdemeanors, a third-degree charge is a felony. This means the potential consequences are more severe, including prison time rather than just jail, higher fines, and longer license suspension.
The distinction matters because a felony conviction affects employment, housing, professional licenses, and voting rights in ways a misdemeanor does not. Understanding what the charge means and what happens next helps you prepare for the legal process ahead.
Key Takeaways
- A third-degree DWI in Minnesota is a felony charge that can result in up to seven years in prison and fines up to $10,000.
- Your driver's license will be revoked for at least one year, and you cannot drive at all during that time — not even with a restricted license.
- A prior DWI conviction within ten years, or a refusal to take a breath or blood test, can elevate your charge to third-degree.
- You will have a criminal record if convicted, which affects employment, housing, and professional licensing in Minnesota and other states.
- An attorney can challenge the traffic stop, the testing procedure, or the prior conviction used to elevate the charge.
How Minnesota counts prior DWI convictions
Minnesota looks back ten years from the date of your current arrest to count prior DWI convictions. If you have two or more convictions in that window, your current charge becomes third-degree automatically. The prior convictions do not have to be in Minnesota — they can be from any state, as long as the offense would have been a DWI under Minnesota law.
This ten-year lookback period is strict. A conviction from eleven years ago does not count. But a conviction from nine years ago does, even if you have been sober and driving legally since then. The law treats repeat offenses as a pattern of behavior, not isolated incidents.
Refusal to test as grounds for third-degree
You can also be charged with third-degree DWI if you refuse a breath or blood test during your arrest, even if you have no prior convictions. Minnesota has an implied consent law, which means that by driving on Minnesota roads, you have already agreed to submit to chemical testing if arrested for DWI. Refusing that test is treated as seriously as failing it.
The refusal itself becomes evidence in court. The prosecutor can tell the jury that you refused, and the jury may interpret that refusal as consciousness of guilt. Additionally, your license will be revoked for at least one year for the refusal alone, separate from any conviction.
Prison time, fines, and other penalties
A third-degree DWI conviction in Minnesota carries a sentence of up to seven years in prison and a fine up to $10,000. The actual sentence depends on factors like your blood alcohol level, whether anyone was injured, and your criminal history beyond DWI. A judge has discretion within that range, so two people convicted of the same charge may receive different sentences.
Beyond prison and fines, you will face a mandatory one-year driver's license revocation with no restricted license option during that year. After the revocation period ends, you may be able to obtain a limited license for work or treatment, but only if you meet specific conditions set by the court and the Minnesota Department of Public Safety.
You will also be required to complete a chemical dependency evaluation and treatment program, which you must pay for yourself. An ignition interlock device — a breathalyzer installed in your vehicle — may be required for several years after your license is restored.
How a felony conviction affects your record and future
A third-degree DWI conviction is a felony, which means it appears on your criminal record permanently in Minnesota. Employers, landlords, and licensing boards can see it. Some employers will not hire someone with a felony conviction. Some landlords will not rent to you. Professional licenses — nursing, teaching, law, real estate — can be denied or revoked based on a felony DWI.
In Minnesota, a felony conviction also means you lose the right to vote until you complete your sentence, including probation. You cannot own a firearm. If you are not a U.S. citizen, a felony DWI conviction can trigger deportation proceedings.
The conviction also follows you across state lines. Other states can see your Minnesota felony record and may use it to enhance charges if you are arrested for DWI again in their jurisdiction.
What happens in court and what an attorney can challenge
After arrest, you will have an initial appearance in district court, usually within 36 hours. At that hearing, a judge will decide whether to release you, set bail, or hold you without bail. You have the right to an attorney, and if you cannot afford one, you can request a public defender.
Your attorney can challenge several aspects of the case: whether the traffic stop was legal, whether the officer had probable cause to arrest you, whether the breath or blood test was administered correctly, whether the equipment was properly calibrated, and whether your prior conviction actually qualifies under the ten-year rule. If the prior conviction was from another state, your attorney can argue that it does not meet Minnesota's definition of DWI.
If you refused the test, your attorney can challenge whether you were properly informed of the consequences of refusal and whether the refusal was truly voluntary or coerced.
Plea options and sentencing
Most DWI cases end in a plea agreement rather than trial. The prosecutor may offer to reduce the charge to a lower degree in exchange for a guilty plea, or may recommend a specific sentence in exchange for your agreement to plead guilty. You are never required to accept a plea offer — you can demand a trial — but trials are expensive and the outcome is uncertain.
If you plead guilty or are convicted at trial, sentencing happens at a later hearing. The judge considers the sentencing guidelines, your criminal history, the circumstances of the offense, and statements from you and the prosecutor before deciding your sentence within the legal range.
Frequently Asked Questions
Can I get a restricted license while my license is revoked?
Not during the first year of revocation. After one year, you may be able to obtain a limited license for work, school, or treatment if the court approves and you meet other conditions, such as installing an ignition interlock device. You must request this through the Minnesota Department of Public Safety.
What is the difference between a third-degree DWI and a felony DWI?
In Minnesota, third-degree DWI is a felony. The terms are the same. Some states use different terminology, but in Minnesota, third-degree is the felony level. First and second-degree are misdemeanors.
If my prior conviction was in another state, does it count?
Yes, if the offense in the other state would have been a DWI under Minnesota law. Your attorney can challenge whether the prior conviction meets that standard, which sometimes requires reviewing the exact wording of the other state's statute and the facts of that case.
Do I have to take the breath test if I am arrested?
You have the legal right to refuse, but refusing has serious consequences: your license is revoked for at least one year, and the refusal itself can be used as evidence in court. You do not have a right to call an attorney before deciding whether to take the test.
Will a third-degree DWI show up on a background check?
Yes. A felony conviction appears on criminal background checks used by employers, landlords, and licensing boards. It will be visible for the rest of your life in Minnesota unless you later receive a pardon or expungement, which is rare for felony DWI convictions.