Minnesota Mandatory Penalties

Mandatory penalties kick in based upon the number of prior offenses within the previous ten years, not on the number of aggravating factors present.

What Are the Mandatory Penalties for Non-Felony DWI Violations in Minnesota?

Minnesota law sets mandatory minimum penalties for non-felony DWI violations based on the number of qualified prior impaired driving incidents. These minimums must generally be imposed and executed, even if the court stays imposition or execution of the sentence, unless a statutory exception applies.

What Happens on a Second DWI Offense?

If the defendant has one prior within ten years, the Court must sentence the defendant to either:

1. A minimum of 30 days of incarceration, with at least 48 hours to be served in a local correctional facility; or
2. 8 hours of community work service for each day less than 30 days that the person is ordered to serve in a local correctional facility.

These minimum terms of the sentence must be imposed and executed, regardless of the fact the Court stays imposition or execution of the sentence, unless the Court departs from the mandatory minimums under the statute. At a minimum, that means at least 48 hours in custody or at least 80 hours of community work service. Any time not served in custody will likely be served on electronic home monitoring (EHM).

Either the prosecutor or the Court may bring a motion to have the defendant sentenced without regard to the mandatory minimums described above. The motion must be accompanied by a statement on the record of the reasons for this departure from the mandatory minimums, including any findings of the existence of substantial mitigating factors.

What Happens on a Third DWI Offense?

If the defendant has two priors within ten years, the Court must sentence the defendant to either:

1. A minimum of 90 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility; or
2. A program of intensive supervision of the type described in Minnesota’s repeat DWI offender statute, requiring the defendant to serve at least six days consecutively in a local correctional facility.

The Court may order that not more than 60 days of the minimum penalty be served on home detention or in an intensive probation program. Again, these mandatory minimums must be imposed and executed, regardless of the fact the Court may stay imposition or execution of the sentence.

What Happens on a Fourth DWI Offense?

Unless the defendant faces felony-level offenses, the Court shall sentence a defendant with three priors within ten years to either:

1. A minimum of 180 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility;
2. A program of intensive supervision of the type described in Minnesota’s repeat DWI offender statute, requiring the defendant to serve at least six days consecutively in a local correctional facility; or
3. A program of staggered sentencing involving a minimum of 180 days of incarceration, at least 30 days of which must be served consecutively in a local correctional facility.

The Court may order that not more than 150 days of the minimum penalty be served on home detention or in an intensive probation program. These minimums must be imposed and executed regardless of the fact the Court may stay imposition or execution of the sentence.

What Happens on a Fifth DWI Offense or More?

Unless the defendant faces felony-level offenses, the Court shall sentence a defendant with four or more priors within ten years to either:

1. A minimum of one year of incarceration, at least 60 days of which must be served consecutively in a local correctional facility;
2. A program of intensive supervision of the type described in Minnesota’s repeat DWI offender statute, requiring the defendant to serve at least six days consecutively in a local correctional facility; or
3. A program of staggered sentencing involving a minimum of one year of incarceration, at least 60 days of which must be served consecutively in a local correctional facility.

The Court may order that the remainder of the minimum penalty be served on intensive probation using an electronic monitoring system or, if such a system is unavailable, on home detention. These minimums must be imposed and executed regardless of the fact the Court may stay imposition or execution of the sentence.

When Is a Substance Use Disorder Assessment Required?

In addition, if the defendant has one or more priors, or an alcohol concentration of 0.16 or more as measured at the time, or within two hours of the time, of the offense, the Court shall order the person to submit to the level of care recommended in the substance use disorder assessment.

When Is Long-Term Alcohol Monitoring Required?

Finally, long-term monitoring is required in certain repeat-offense cases. This includes a person convicted of DWI within ten years of the first of two or more prior impaired driving convictions, a person under the age of 19 who has a prior DWI conviction, or a person convicted of DWI while the person’s driver’s license or driving privileges have been canceled as inimical to public safety.

When the Court sentences a person described in the statute to a stayed sentence and electronic monitoring equipment is available, the Court requires the defendant to participate in a program of electronic alcohol monitoring for a minimum of 30 consecutive days during each year of the defendant’s probationary period.

Does Ignition Interlock Create an Exception to Mandatory Minimums?

These mandatory minimums are not required if the Court orders the person, as a condition of probation, to drive only motor vehicles equipped with an ignition interlock device meeting the standards in Minnesota law.

What Are the Mandatory Penalties for Felony DWI Violations?

If a defendant is convicted of a first-degree DWI, the Court shall sentence the defendant to imprisonment for not less than three years and may order a fine of not more than $14,000.00. The Court may stay execution of this mandatory sentence, but it may not stay imposition or adjudication of the sentence or impose a sentence that has a duration of less than three years.

A felony DWI is a presumptive stayed sentence for defendants with 0-2 criminal history points. The contemplated stayed sentence would be 36-, 42-, or 48-months respectively. If the Court stays execution of the mandatory prison sentence, then the applicable provisions for third or fourth non-felony DWI penalties, the substance use disorder assessment requirement, and certain other statutory provisions apply. In addition, long-term monitoring may apply.

A defendant incarcerated for a felony DWI is not eligible for early release unless he or she has successfully completed treatment recommendations as determined by a substance use disorder assessment while incarcerated. Upon being released, the defendant must be placed on conditional release for five years, under conditions the commissioner of corrections opts to impose, which may include an intensive probation program for repeat DWI offenders.

When Are Consecutive Sentences Required in Minnesota DWI Cases?

When a defendant is sentenced for a DWI, the Court shall impose a consecutive sentence for DWI violations arising out of separate courses of conduct. The Court shall also impose consecutive sentences when the person, at the time of sentencing, is on probation for, or serving, an executed sentence for a prior DWI offense and the prior sentence involved a separate course of conduct.

Minnesota law also requires consecutive sentences for a DWI and another listed offense arising out of a single course of conduct when the person has five or more qualified prior impaired driving incidents within the past ten years. This consecutive sentence mandate is not applicable when the defendant is being sentenced to an executed prison term for a felony DWI.