A fourth-degree DWI in Minnesota is a misdemeanor charge involving impaired driving, typically resulting from a breath or blood test showing alcohol or drug content above legal limits, or from observable signs of impairment.

Fourth-degree DWI is the least serious DWI classification in Minnesota, but it still carries real consequences: a criminal record, fines up to $1,000, possible jail time up to 90 days, and a mandatory driver's license revocation. The charge applies when you have a blood alcohol concentration (BAC) of 0.08 percent or higher, or when an officer documents impairment without a chemical test result. A fourth-degree charge typically means this is your first DWI offense within a ten-year lookback period, or you have prior DWI convictions but they fall outside the window that would elevate the current charge to a higher degree.

Minnesota law distinguishes between DWI degrees based on prior convictions and the circumstances of the current arrest. Understanding where your case falls and what the state must prove matters because it shapes your options and the consequences you face.

Key Takeaways

  • Fourth-degree DWI is a misdemeanor with penalties including up to $1,000 in fines, up to 90 days in jail, and mandatory license revocation for at least 90 days.
  • The charge applies when your BAC is 0.08 percent or higher, or when an officer documents impairment without a chemical test, and you have no may have access to prior DWI convictions within ten years.
  • Minnesota requires a chemical test (breath, blood, or urine) to prove BAC, and you have the right to refuse the test, though refusal carries its own penalties separate from the DWI charge itself.
  • A conviction results in a permanent criminal record in Minnesota; there is no expungement available for DWI convictions regardless of degree.
  • Your license revocation begins when ready upon arrest if you took a chemical test, and the length depends on whether you refused the test and your prior DWI history.

How Minnesota Defines Fourth-Degree DWI

Fourth-degree DWI in Minnesota is codified under Minnesota Statute 169A.20, subdivision 1, clause (4). The charge applies when you operate a motor vehicle while impaired by alcohol or drugs, or with a BAC of 0.08 percent or higher, and you do not meet the criteria for a higher degree charge. The statute does not require that you caused an accident, injured anyone, or drove recklessly—impairment alone, proven by a chemical test or officer observation, is sufficient.

The "lookback period" is ten years. If you have no prior DWI convictions in the ten years before the current arrest, the charge is fourth-degree. If you have one prior DWI conviction within that window, the current charge becomes third-degree. Two or more priors within ten years elevates it further. This means a person arrested for DWI today could face a fourth-degree charge even if they had a DWI conviction fifteen years ago, because that conviction falls outside the lookback window.

Minnesota also recognizes "implied consent" law: by driving on Minnesota roads, you consent to a chemical test if an officer has probable cause to believe you are impaired. Refusing the test does not erase the DWI charge, but it does trigger separate administrative penalties through the Department of Public Safety.

Penalties and License Consequences

A fourth-degree DWI conviction carries a fine of $250 to $1,000, up to 90 days in jail (or both), and a mandatory minimum driver's license revocation. The revocation period depends on whether you took a chemical test and whether you refused it. If you submitted to a test and the result was 0.08 percent or higher, your license is revoked for a minimum of 90 days. If you refused the test, the revocation is one year.

The revocation is administrative and begins when ready upon arrest if you took a test. You have the right to request a hearing before the Department of Public Safety within 30 days of arrest to contest the revocation, but the burden is on you to request it. If you do not request a hearing within that window, the revocation takes effect automatically. Even if you are later acquitted of the DWI charge in court, the administrative revocation can still stand if the hearing officer finds there was probable cause for the arrest.

After the revocation period ends, you may be able to obtain a limited license that allows you to drive to work, school, or medical appointments, depending on the circumstances. You will need to file paperwork with the Department of Public Safety and may be required to install an ignition interlock device (a breathalyzer installed in your vehicle) at your own expense, typically $60 to $100 per month.

What the State Must Prove

To convict you of fourth-degree DWI, the prosecution must prove two things beyond a reasonable doubt: that you operated a motor vehicle, and that you were impaired by alcohol or drugs, or had a BAC of 0.08 percent or higher. "Operated" means more than just sitting in the driver's seat with the engine off; it typically means the engine was running or you were actively driving, though case law in Minnesota has sometimes found operation even when the vehicle was parked but the engine was on.

Impairment can be proven through a chemical test result (breath, blood, or urine) or through officer observations documented in a police report: slurred speech, bloodshot eyes, poor balance, failed field sobriety tests, or admissions you made to the officer. The officer's notes and any video or audio recording from the traffic stop become evidence. If the state relies on a chemical test, the test must have been administered according to Minnesota Department of Health standards, and the equipment must have been properly calibrated and maintained. If there are gaps in the chain of custody or the test procedure was flawed, that can become a point of challenge.

You have the right to challenge the traffic stop itself: whether the officer had reasonable suspicion to stop your vehicle in the first place. If the stop was unlawful, any evidence gathered after it may be excluded from trial.

Your Rights During a DWI Stop and Arrest

When an officer stops your vehicle, you must provide your driver's license, vehicle registration, and proof of insurance. You do not have to answer questions about where you are going, where you came from, or whether you have consumed alcohol. You can politely decline: "I would prefer not to answer questions." You have the right to remain silent, and anything you say can be used against you in court.

Field sobriety tests (walking a line, standing on one leg, following a pen with your eyes) are voluntary. You can decline to perform them without legal penalty. However, if you refuse a chemical test after arrest—the breath, blood, or urine test—that refusal triggers a one-year license revocation and can be used as evidence of consciousness of guilt in court, though it is not proof of impairment by itself.

You have the right to speak with an attorney before submitting to a chemical test. In practice, officers often do not inform you of this right clearly, and the decision to refuse or submit happens quickly. If you cannot afford an attorney, you can request a public defender at your first court appearance.

Criminal Record and Permanent Consequences

A fourth-degree DWI conviction results in a permanent criminal record in Minnesota. Unlike some states, Minnesota does not allow expungement of DWI convictions—the record cannot be sealed or removed, even after a waiting period. This means the conviction will appear on background checks for employment, housing, professional licensing, and other purposes indefinitely.

The conviction also affects your driving record permanently. Future DWI arrests will be evaluated against this conviction when determining the degree of the new charge. If you are arrested for DWI again within ten years, the new charge will be at least third-degree. A second conviction within ten years also triggers mandatory ignition interlock installation for one year and increased fines and jail time.

Some employers, landlords, and professional boards consider DWI convictions when making decisions about hiring, housing, or licensing. A conviction may disqualify you from certain jobs, particularly those involving driving or working with vulnerable populations. You should disclose the conviction when asked on applications, as lying about it can create additional problems.

Possible Outcomes and Next Steps

After arrest, your first court appearance is typically within 36 hours. At that appearance, the judge will inform you of the charges, your rights, and the conditions of release (whether you are released on your own recognizance, required to post bail, or held). You will be asked whether you want to request a public defender if you cannot afford a private attorney.

The case then moves through discovery, where the prosecution provides police reports, chemical test results, and any video or audio evidence. Your attorney will review these materials to identify weaknesses in the state's case. Many DWI cases are resolved through plea agreements rather than trial. A plea agreement might reduce the charge to a lesser offense, reduce the penalties, or both. Whether a plea agreement is in your interest depends on the specific evidence in your case.

If the case goes to trial, the burden is on the prosecution to prove guilt beyond a reasonable doubt. Common defenses include challenging the legality of the traffic stop, questioning the accuracy or administration of the chemical test, arguing that the officer's observations of impairment were misinterpreted, or presenting evidence of a medical condition that mimics impairment (such as diabetes or certain medications).

Frequently Asked Questions

Can I get a fourth-degree DWI charge reduced to a lesser offense?

Reduction is possible through plea negotiation with the prosecutor, but it depends on the strength of the evidence against you and the prosecutor's willingness to negotiate. Some cases are reduced to reckless driving or careless driving, which do not carry the same license revocation penalties. Your attorney can assess whether the evidence supports a reduction request.

What happens if I refused the chemical test?

Refusing the test does not prevent a DWI charge. The prosecution can still prove impairment through officer observations and field sobriety tests. However, refusal triggers a one-year license revocation (longer than the 90-day minimum for a positive test) and can be presented as evidence of consciousness of guilt, though it is not proof of impairment.

Can I drive to work while my license is revoked?

After the initial revocation period, you may be able to obtain a limited license for essential purposes like work, school, or medical appointments. You must file a petition with the Department of Public Safety and may be required to install an ignition interlock device. The availability of a limited license depends on the specific circumstances of your case.

Will a fourth-degree DWI show up on a background check?

Yes. Minnesota does not allow expungement of DWI convictions, so the conviction will appear on criminal background checks permanently. You should disclose it when asked on employment, housing, or professional licensing applications.

What is the difference between a fourth-degree and third-degree DWI in Minnesota?

Third-degree DWI applies when you have one prior DWI conviction within ten years of the current arrest. It carries higher penalties: up to $1,500 in fines and up to one year in jail. Fourth-degree applies when you have no may have access to prior convictions within the lookback period.