What makes a Minnesota DWI a 3rd Degree DWI?

A DWI is charged as 3rd Degree when the driver is accused of violating Minnesota’s DWI law and one aggravating factor was present, or when the driver is accused of refusing a chemical test. Aggravating factors include a qualified prior impaired driving incident within 10 years, an alcohol concentration of 0.16 or more, or having a qualifying child passenger in the vehicle.

Does a 0.16 alcohol concentration make a first-time DWI a 3rd Degree DWI?

Yes, an alcohol concentration of 0.16 or more is an aggravating factor. For a first-time offender, that can raise the charge to 3rd Degree DWI, even without a prior DWI. There are no mandatory jail penalties based solely on that high reading, but prosecutors often seek tougher penalties than they would in a standard first-time offense.

Is test refusal automatically a 3rd Degree DWI?

Refusal to submit to a chemical test is charged as 3rd Degree DWI under Minnesota law. This includes refusal of a breath test under the implied consent law, or refusal of a blood or urine test required by a search warrant. For a first-time refusal, there are no mandatory jail penalties, but prosecutors often seek stiffer penalties than a standard first-time DWI.

Can a 3rd Degree DWI be reduced to a 4th Degree DWI or Careless Driving?

Sometimes. The outcome will vary from jurisdiction to jurisdiction and depends on the facts, the reason for the 3rd Degree charge, and the defense strategy. A plea to 4th Degree DWI as a misdemeanor can be a positive and more likely outcome when facing gross misdemeanor consequences.

Will I lose my license or plates after a 3rd Degree DWI?

The driver will face significant license consequences, and the page’s existing guidance notes that the driver will lose their license for one year. In some first-time refusal cases, that revocation period may be reduced depending on the conviction. License plates may also be impounded depending on the facts.

3rd Degree DWI in Minnesota

3rd Degree DWI in Minnesota is a gross misdemeanor offense. It is charged as a 3rd degree DWI because there was one aggravating factor present at the time of the offense or the defendant refused to submit to the chemical test. An aggravating factor can be a qualified prior impaired driving incident within the past 10 years, an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense, or having a child under the age of 16 in the motor vehicle if the child is more than 36 months younger than the driver. There are possible mandatory penalties and long-term monitoring that may apply. In addition, your license plates may be impounded.

The outcome will vary from jurisdiction to jurisdiction. In some, you may be able to get a Careless Driving — rather than a plea to a DWI — or a stay of imposition, but a plea to a 4th Degree DWI as a misdemeanor is also a positive, and more likely, outcome when facing gross misdemeanor consequences.

What Counts as a 3rd Degree DWI in Minnesota?

Under Minn. Stat. § 169A.26, a person who violates Minnesota’s DWI law is guilty of 3rd Degree DWI if one aggravating factor was present when the violation was committed. A person is also guilty of 3rd Degree DWI if the person refuses to submit to a chemical test. The underlying DWI law includes driving, operating, or being in physical control of a motor vehicle while under the influence of alcohol, a controlled substance, an intoxicating substance, cannabis, or a combination of those substances, or with an alcohol concentration of 0.08 or more.

What Are the Likely Consequences of a 3rd Degree DWI?

The likely outcome will depend on why it is a 3rd Degree DWI — i.e., it is a second-time offense within 10 years, the reading was 0.16 or more, a child aggravating factor is alleged, or it is a refusal.

What if It Is a Second Offense Within Ten Years?

If the 3rd Degree DWI charge stems from this aggravating factor, mandatory penalties come into play. Namely, statute requires the driver to either serve a minimum of 30 days of incarceration, with at least 48 hours served in a local correctional facility, or perform eight hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility. Despite this being a mandatory penalty, there is always room for negotiation. With a proper legal strategy and team to implement it, this mandatory penalty can be overcome to avoid the time in custody, for instance.

What if the Alcohol Concentration Was 0.16 or More?

A third degree DWI will be charged for first-time offenders who had elevated readings — i.e., twice the legal limit or more. There are no mandatory jail penalties solely because of the high reading, though the court must order the person to submit to the level of care recommended in the substance use disorder assessment if the person is convicted with an alcohol concentration of 0.16 or more. Often, the State’s attorney will want lengthier community service or even some jail time due to the high reading. But, like before, this is where a properly developed and implemented 3rd Degree DWI defense strategy can lead to very favorable results — such as a 4th Degree DWI plea, with a standard disposition to follow: no jail, minimal community service, and a small fine.

What if the Charge Is Based on Refusal?

Refusal – A 3rd Degree DWI Refusal is similar to a situation in which the driver had a high reading. There are no mandatory jail penalties for a first-time refusal, but prosecutors often seek stiffer penalties than a standard first-time offense. This is overcome easily with the right strategy, as detailed before.

What Happens to My Driver’s License and Plates?

Along with the criminal penalties, the collateral consequences are just as significant. For a first-time test refusal, the license revocation is not less than one year. For a first-time test failure with an alcohol concentration of twice the legal limit or more, the revocation is also not less than one year. For a DWI conviction with no qualified prior impaired driving incidents within the past 20 years, the conviction revocation can be not less than 30 days for a DWI offense, or not less than 90 days for a refusal conviction.

If the person has one qualified prior impaired driving incident within the past 20 years, or two or more qualified prior impaired driving incidents, the license consequences are more serious and can require ignition interlock compliance before full reinstatement. In addition, license plates may be impounded. Getting a fully valid license after the revocation period costs more than $700. These are the hidden costs associated with a DWI that make getting a 3rd Degree DWI attorney on your side immediately so critical.

Finally, even though a 3rd Degree DWI is only a gross misdemeanor, it is still a criminal offense and will force you to reveal to future employers that you have been convicted of a crime. Having an attorney to represent you will give you a greater chance of not serving jail time, possibly even allow you to plead down to a 4th degree DWI, or a careless driving conviction, depending on the circumstances of the offense.

What DWI Case Results Has North Star Criminal Defense Achieved?

We have successfully defended countless DWIs for our clients, including negotiating DWI charges down to speeding tickets. Check out our DWI Case Results page to see more.

For more detailed information, please click on the links below:

Can a 3rd Degree DWI Be Expunged?

1 in 7 Minnesotans has a DWI on their record, and 49% of all Minnesota DWI arrests are of first-time offenders. This means that 3rd Degree DWI is a relatively common conviction for Minnesotans. If you have a prior 3rd Degree DWI conviction and are looking to get that expunged from your record you can visit our DWI expungements page to see what options you may have to clear your record. We have experience expunging Minnesota DWI convictions all throughout the state, allowing our clients to move on with their lives. Even if you are not yet eligible, it will be beneficial to talk to us as we can start walking you through the process of getting your DWI expunged once you are eligible.

What is a 3rd Degree DWI in Minnesota?

A 3rd Degree DWI is a gross misdemeanor DWI charge. It applies when a person violates Minnesota’s DWI law with one aggravating factor present, or when the charge is based on refusal to submit to a chemical test.

What are the aggravating factors for a 3rd Degree DWI?

The aggravating factors include a qualified prior impaired driving incident within the ten years immediately preceding the current offense, an alcohol concentration of 0.16 or more, or having a child under 16 in the vehicle if the child is more than 36 months younger than the driver. One aggravating factor makes the DWI a 3rd Degree DWI.

Is a 3rd Degree DWI a gross misdemeanor?

Yes. Under Minnesota law, a gross misdemeanor is a crime punishable by up to 364 days in jail, a fine of up to $3,000, or both. Mandatory penalties and long-term monitoring may also apply depending on the reason it is charged as a 3rd Degree DWI.

What are the mandatory penalties for a second DWI within ten years?

For a second offense within ten years, the statute requires either a minimum of 30 days of incarceration, with at least 48 hours in a local correctional facility, or eight hours of community work service for each day less than 30 days served locally. Despite this being a mandatory penalty, there is always room for negotiation and statutory exceptions may apply.

Does a 0.16 or higher alcohol concentration require jail?

For a first-time offender, a 0.16 or higher alcohol concentration makes the case a 3rd Degree DWI, but it does not create the same 30-day mandatory jail penalty that applies to a second offense. The court must order the person to follow the level of care recommended in the substance use disorder assessment if convicted with an alcohol concentration of 0.16 or more.

Is refusal a 3rd Degree DWI?

Yes. A refusal to submit to a chemical test is charged as a 3rd Degree DWI under Minnesota law. There are no mandatory jail penalties for a first-time refusal, but prosecutors often seek stiffer penalties than a standard first-time offense.

How long will I lose my license for a 3rd Degree DWI?

The license consequence depends on the basis for the case and the person’s prior record. A first-time refusal or a first-time test failure at twice the legal limit or more carries a revocation of not less than one year, while a conviction revocation with no qualified prior impaired driving incidents within the past 20 years may be 30 days for DWI or 90 days for refusal.

Can a 3rd Degree DWI be expunged?

A prior 3rd Degree DWI conviction may be eligible for expungement depending on the circumstances and timing. If you are not yet eligible, it can still be beneficial to talk through the process so you know what options you may have once you become eligible.

North Star Criminal Defense – Proven Success in Fighting 3rd Degree DWI Charges

The Minnesota DWI attorneys at North Star Criminal Defense have over 45 combined years of successfully defending DWI charges of all degrees and throughout multiple jurisdictions. We know the law, the defenses, and the strategy necessary in order to obtain resolutions that avoid convictions and jail time. We have helped countless clients overcome these debilitating charges and get back on their feet. If you have been accused of any type of DWI, you need to contact us right away.

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