A fourth-degree DWI is the least serious drunk driving charge in Minnesota, but it still carries real consequences

A fourth-degree DWI in Minnesota means you were arrested for driving under the influence and this is your first offense within the past ten years, or you had prior DWI convictions but more than ten years have passed since the last one. It is classified as a misdemeanor, not a felony. That distinction matters: a misdemeanor carries lighter penalties than a felony charge, but it is still a criminal conviction that will appear on your record.

The charge itself does not depend on how impaired you were or your blood alcohol content (BAC). A police officer can arrest you for fourth-degree DWI if they believe you were driving under the influence of alcohol, drugs, or both — even if your BAC was below 0.08 percent. What matters is whether a judge or jury believes the officer's observations and any test results prove you were impaired.

If you are facing this charge, you need to understand what the court process looks like, what the penalties could be, and what your options are at each step. The decisions you make now — whether to work with a lawyer, how to respond to the charge, whether to take a plea deal — will shape the outcome.

Key Takeaways

  • A fourth-degree DWI is a misdemeanor in Minnesota and applies to first-time offenders or those whose prior DWI was more than ten years ago.
  • Penalties can include up to 90 days in jail, a fine up to $1,000, license suspension for at least 30 days, and a permanent criminal record.
  • You have the right to request a lawyer at your first court appearance, and the court will assign one for free if you cannot afford to pay.
  • The prosecution must prove you were impaired; a failed breath or blood test is not automatic proof, and you have the right to challenge how it was conducted.
  • Many fourth-degree cases are resolved through plea agreements, but you should understand what you are agreeing to before you sign anything.

What the penalties are for a fourth-degree DWI conviction

If you are convicted of fourth-degree DWI in Minnesota, the court can sentence you to up to 90 days in jail and a fine up to $1,000. You do not have to receive both — the judge has discretion to impose jail time, a fine, or both, depending on the circumstances of your case and your criminal history.

Your driver's license will be suspended for a minimum of 30 days. During that time, you cannot drive at all unless the court grants you a limited license for work or medical appointments. After the suspension ends, you may be able to drive normally again, but you will have a DWI conviction on your record permanently.

Beyond the when ready penalties, a DWI conviction can affect your employment, housing, insurance rates, and professional licenses. Some employers run background checks and will not hire someone with a DWI. Insurance companies will charge you significantly more for car insurance. If you hold a professional license — nursing, teaching, law, real estate — you may face discipline from the licensing board.

How the court process works from arrest to resolution

After you are arrested, you will be taken to a police station or jail for booking. You have the right to remain silent and the right to a lawyer. Exercise both of these rights when ready — do not answer questions without a lawyer present.

Your first court appearance, called an arraignment, will happen within a few days. At this hearing, the judge will tell you what you are charged with, explain your rights, and ask how you plead. You will also have the chance to request a public defender if you cannot afford a lawyer. Do this at the arraignment — do not wait.

If you plead not guilty, the case moves to the next stage. The prosecution and defense exchange evidence in a process called discovery. This is when you and your lawyer will see the police report, any video or audio recordings, breath or blood test results, and witness statements. Your lawyer will review this evidence to look for weaknesses in the prosecution's case.

Many cases are resolved before trial through a plea agreement, where you agree to plead guilty to the charge (or sometimes to a reduced charge) in exchange for the prosecution recommending a specific sentence. If you do not reach a plea agreement, your case will go to trial, where a judge or jury will decide whether the prosecution proved you guilty beyond a reasonable doubt.

What happens to your driver's license

Your license suspension happens in two separate processes, and it is important to understand the difference. The first is an administrative suspension that the Minnesota Department of Public Safety can impose based on the arrest alone — you do not need to be convicted. If you refused a breath or blood test, or if you took one and it showed 0.08 percent or higher, your license can be suspended when ready or within a few days of arrest.

You have the right to request a hearing to challenge the administrative suspension, but you must request it within 30 days of the arrest. If you do not request a hearing, or if you lose the hearing, the suspension goes into effect. The length of the suspension depends on whether you refused the test and whether you have prior DWI arrests.

The second suspension is the one imposed by the court if you are convicted. This is separate from the administrative suspension and happens after your case is resolved. The court can impose a suspension of at least 30 days for a first-time conviction.

During a license suspension, you may be able to get a limited license that allows you to drive to work, school, medical appointments, or alcohol treatment programs. You have to request this from the court, and the judge decides whether to grant it.

How breath and blood tests work, and what you should know about challenging them

If you took a breath test (often called a breathalyzer) or a blood test after your arrest, the results are a key piece of evidence in your case. A result of 0.08 percent or higher is considered proof of impairment under Minnesota law. However, these tests are not infallible, and there are legitimate reasons to question their accuracy.

Breath tests can be affected by mouth alcohol (from mouthwash, cough syrup, or food), acid reflux, certain medical conditions, and improper calibration of the machine. Blood tests can be contaminated, mislabeled, or stored incorrectly. Your lawyer can request records showing when the machine was last calibrated, who conducted the test, and how the sample was handled. If there are gaps or problems in this chain of custody, the test results may not be admissible in court.

You also have the right to know whether the officer followed proper procedures before asking you to take the test. Minnesota law requires the officer to read you an implied consent advisory — a statement explaining that you have the right to refuse the test but that refusal has consequences. If the officer did not read this advisory, or read it incorrectly, the test results may be excluded from evidence.

If you refused the test, the prosecution cannot use a test result against you, but your refusal itself can be used as evidence of impairment. Your lawyer can challenge whether the officer gave you a clear opportunity to refuse and whether your refusal was truly voluntary.

When you should consider working with a lawyer

You have the right to a lawyer, and you should exercise that right. If you cannot afford to pay, request a public defender at your first court appearance. Public defenders handle DWI cases regularly and understand the local court system and judges.

A lawyer can review the evidence against you, identify weaknesses in the prosecution's case, negotiate with the prosecutor, and represent you at trial if necessary. They can also help you understand what a plea agreement means and whether it is in your interest to accept it. Many people plead guilty without fully understanding the long-term consequences, and a lawyer can help you make an informed decision.

Even if you believe you are guilty, a lawyer may be able to negotiate a better outcome — a reduced charge, a lighter sentence, or conditions that make the conviction less damaging to your future. Do not assume that pleading guilty when ready is your best option.

What a DWI conviction means for your record and your future

A fourth-degree DWI conviction is a permanent criminal record. It will show up on background checks for employment, housing, loans, and professional licenses. Unlike some other misdemeanors, DWI convictions in Minnesota cannot be expunged — erased from your record — so it will follow you indefinitely.

If you are arrested for DWI again within ten years, the new charge will be treated as a second offense, which carries harsher penalties. If you are arrested a third time within ten years, it becomes a felony. This is why the ten-year window matters: if your prior DWI was more than ten years ago, a new arrest is treated as a first offense.

Some employers, landlords, and licensing boards will overlook a single DWI conviction, especially if it happened years ago and you have stayed out of trouble since. Others will not. The impact depends on your field and the specific employer or organization. A lawyer can sometimes negotiate conditions as part of your sentence — such as completing an alcohol education program or community service — that may help mitigate the damage to your record.

Frequently Asked Questions

Can I get a fourth-degree DWI removed from my record?

No. Minnesota law does not allow DWI convictions to be expunged, even after many years have passed. The conviction will remain on your criminal record permanently. However, you can explain the circumstances to employers or others who ask about it.

What if I refused the breath or blood test?

Refusing the test does not make the charge go away. The prosecution can still prove impairment through the officer's observations, field sobriety tests, and witness statements. Your refusal can be used as evidence against you, but the prosecution cannot use a test result. A lawyer can challenge whether you were given a clear opportunity to refuse.

Do I have to go to jail for a fourth-degree DWI?

Not necessarily. The maximum penalty is 90 days in jail, but the judge has discretion. Many first-time offenders receive a fine and probation instead of jail time. The outcome depends on the specific facts of your case, your criminal history, and the judge assigned to your case.

Will a fourth-degree DWI affect my job?

It depends on your employer and your job. Some employers will not hire or will fire someone with a DWI conviction. Others do not care about misdemeanor convictions. If your job involves driving or working with the public, the impact is more likely. Tell your lawyer about your employment situation so they can factor it into negotiations.

What is the difference between a fourth-degree DWI and a DUI?

In Minnesota, DWI (driving while impaired) and DUI (driving under the influence) are used interchangeably — they refer to the same charge. Fourth-degree is the classification based on your prior record. Other states use different terminology, but in Minnesota, these terms mean the same thing.