The Minnesota DWI Lawyers You Need On Your Side
Last updated on January 15, 2026
Facing charges related to driving while under the influence (DWI) in Minnesota can feel like carrying the world on your shoulders. At The DWI Guys, P.A., we know the anxiety and concern these allegations bring. As your dedicated DWI counsel, we’re here to ease your burden and steer you through the intricate legal terrain.
Our team of DWI defense attorneys has amassed over 40 years of combined experience, serving clients across Minnesota since 2005. We focus solely on DWI cases, offering direct, personal communication without intermediaries. Our mission is simple: to make you feel supported, valued and confident that we’ve got your back.
The Reality Of DWI Charges In Minnesota
DWI charges carry serious weight in Minnesota. Whether it’s your first offense or a repeat incident, the fallout can be severe. As your DWI defense attorney, we pledge to safeguard your rights and help you pursue a fair outcome.
Minnesota’s DWI laws are intricate and ever-changing. You need a DUI attorney who keeps pace with the latest legal shifts. Our Minnesota drunk driving attorneys are knowledgeable in all DWI law aspects, from field sobriety tests to breathalyzer precision and constitutional protections.
Minnesota law sets strict limits on blood alcohol concentration (BAC) levels. For drivers 21 and older, the legal limit is .08%. However, commercial drivers face a lower threshold of .04%, while drivers under 21 must adhere to a zero-tolerance policy. There are many variables that interact with these differing alcohol limits to trigger additional penalties, and understanding the nuances of these interactions is crucial in building a strong defense strategy while navigating pathways to eliminate or lessen those penalties.
Our DWI Defense Services
As your DWI lawyer, we provide full-spectrum support throughout your case. Here’s what we offer:
- In-depth case assessment: We scrutinize every detail of your arrest and the evidence against you.
- Skilled prosecutor negotiations: We leverage our experience to seek favorable plea bargains when appropriate.
- Robust court representation: We fiercely advocate for you in front of judges and juries.
- License reinstatement assistance: We guide you through the process of reclaiming your driving privileges.
We strive to lessen the impact a DWI charge can have on your life, exploring every legal avenue and defense strategy at our disposal. Our goal goes beyond the courtroom – we want to help you maintain your quality of life and future prospects.
Understanding The Minnesota DWI Process
A DWI charge in Minnesota triggers both criminal and administrative proceedings. Knowing what lies ahead is crucial. Here is a snapshot of the process:
- Arrest and booking: This includes field sobriety tests, breathalyzer tests and potential blood draws or urine samples.
- Arraignment: Your first court appearance, where charges are formally read.
- Pre-trial hearings: These may include motions to suppress evidence or dismiss charges.
- Trial (when necessary): Without a plea agreement, your case may proceed to trial.
- Sentencing (if convicted): The judge determines penalties based on various factors.
You’ll also need to address driving privilege issues with the Minnesota Department of Public Safety. This administrative process runs parallel to your criminal case and can result in license suspension or revocation. Our seasoned DUI attorneys will walk you through both processes, ensuring you grasp each step and maintain your rights.
What Are The Consequences?
When it comes to drunk driving, things can move very fast as soon as the police pull you over. There are many crucial considerations to make at a traffic stop – one of these is seeking legal help. This is because a DWI conviction in Minnesota can upend your life. Potential repercussions include:
- Hefty fines and court fees: First-time offenders may face fines up to $1,000, with costs escalating for repeat offenses.
- Jail time: Sentences can range from days to years, depending on the offense severity.
- Driver’s license suspension or revocation: This can last from 90 days to several years.
- Mandatory alcohol education programs: These aim to prevent future offenses.
- Ignition interlock device installation: This requires passing a breathalyzer to start your vehicle.
- Skyrocketing insurance premiums: Expect significant increases in your auto insurance rates.
- Employment and licensing issues: Individuals with professional licenses, such as doctors, nurses or truck drivers with commercial driver’s licenses (CDLs), may face mandatory reporting requirements that put their livelihood at risk.
As your DWI defense attorney, we’ll fight to minimize these impacts and help you regain your footing. We understand that a DWI charge doesn’t define you, and we’re committed to helping you move past this challenging time.
Our Firm Knows DWIs
With over 40 years of combined experience, we’ve tackled a myriad of DWI cases across Minnesota. This depth of experience allows us to anticipate prosecution strategies and craft effective countermeasures. We can offer you:
- Laser focus: Our exclusive concentration on DWI defense keeps us at the cutting edge of this specialized legal area. We stay abreast of all legislative changes and new defense techniques.
- One-on-one attention: You’ll work directly with your attorney, ensuring clear communication and custom-fit defense strategies. We believe in building strong attorney-client relationships based on trust and transparency.
- Statewide reach: We represent clients throughout Minnesota, with intimate knowledge of local courts and procedures. This familiarity with different jurisdictions can be a significant advantage in your case.
- Solid results: While we can’t promise specific outcomes, our track record of successful defenses speaks volumes. We’ve helped numerous clients reduce charges, minimize penalties or achieve case dismissals.
We recognize the stress you’re under and aim to smooth out the legal journey for you. Our team provides not just legal support, but emotional support during this challenging time.
What We Can Do For You
As your DWI defense attorney, we employ a meticulous approach to your case. For example, we can pursue:
- Exhaustive investigation: We scrutinize all evidence, from police reports to breathalyzer results, seeking any inconsistencies or rights violations. This includes reviewing officer conduct, testing procedures and maintenance records of testing equipment.
- Tailor-made defense: Each case is unique. We craft a defense strategy that fits your specific circumstances, whether that involves challenging evidence, negotiating plea deals or preparing for trial.
- Fierce advocacy: Whether we’re negotiating with prosecutors or presenting in court, we champion your rights vigorously. Our attorneys are known for their persuasive arguments and unwavering dedication to clients.
- Transparent communication: We keep you in the loop consistently, breaking down legal jargon into plain language. You’ll always know the status of your case and the rationale behind our strategic decisions.
- Holistic support: We assist with license reinstatement procedures and offer guidance on managing post-DWI charge life. This includes advice on dealing with employment issues, fulfilling court-ordered requirements and rebuilding your life after a DWI incident.
Even so, a DWI charge can leave you with many questions and concerns. We can help you with these, too.
Frequently Asked Questions About Drunk Driving Charges In Minnesota
Our clients often raise concerns about DWI charges in Minnesota. Here are some frequent questions we tackle:
Can I legally refuse to take a sobriety test in Minnesota?
You are not required by law to take field sobriety tests like the stop-and-turn. It is often not in your best interest to take these tests as they prove little, according to studies that suggest that field sobriety tests are not accurate when it comes to proving impairment beyond a reasonable doubt.
Refusing a sobriety test will almost certainly result in your arrest and you will then be asked to submit to an official evidentiary alcohol test (usually breath, but sometimes blood or urine). If this then reveals that you’re under the legal limit, it doesn’t matter that you refused field sobriety testing, whereas if you’re over the legal limit, your sobriety test results might be used against you as evidence in court.
I’ve been charged with DWI/DUI. Now what do I do?
Contact an attorney immediately to help protect all of your rights. After going through the initial traffic stop, field sobriety testing, arrest and testing at the jail/station, it is important to get an attorney involved while everything is still fresh in your mind. It is important that all of the facts are documented from your perspective, just like the officer will be documenting his/her observations from the incident.
What should I say if a police officer stops me?
If a Minnesota police officer pulls you over, it is important for you to be polite and provide the officer with your registration, insurance card and driver’s license.
It’s worth remembering, however, that you don’t have to answer any questions and do not have to consent to a search of your vehicle or of yourself. Any details you offer could be used to build a case against you. Instead, you should simply state that you would like to speak with an attorney before answering any questions.
What is the difference between DUI and DWI?
In Minnesota, there really is no difference. In the past, DUI typically meant driving under the influence. This may or may not include a specific alcohol level. All that is required is that the prosecutor show that the driver was impaired by alcohol. DWI typically means driving while intoxicated. Intoxication is usually defined as a prohibited blood alcohol concentration (BAC) level (.08 in Minnesota) or the presence of certain controlled substances in the system.
Many years ago, Minnesota changed its statutes to put both of these terms under the umbrella “driving while impaired,” so all incidents are categorized as DWI cases.
Can I get a DWI on a bicycle in Minnesota?
Minnesota’s DWI laws cover all “motorized vehicles,” which would only include a bicycle if it is being powered by something more than a human operator. However, if you ride a bicycle while impaired and end up causing an accident with injuries, you could be liable civilly for damages or personal injuries caused by the accident.
What substances could lead to a DWI charge?
Alcohol, illegal drugs, prescription medications and even over-the-counter medicines that impair driving can all lead to DWI charges in Minnesota.
Will I lose my license immediately after a DUI/DWI?
Yes, you can lose your license, including a commercial driver’s license, before you go to court for the criminal case because of Minnesota’s implied consent law. You have a limited time to challenge this suspension, so it is important to act quickly.
You can also lose your driver’s license in Minnesota due to a DWI or DUI conviction. However, you may be able to have your driving privileges reinstated by receiving a worker’s permit or other restricted permit, while the use of an ignition interlock device may also allow you to drive during a license revocation.
What steps do I take to regain my license after a DWI?
Reclaiming your license post-DWI hinges on several factors, including whether it’s your first offense and your case specifics. You might need to finish any court-mandated suspension period, pay reinstatement fees and potentially install an ignition interlock device.
Can I get my DWI reduced to careless driving in Minnesota?
Prosecutors have a vested interest in convicting you of DWI if you took a test that showed an alcohol concentration at or above .08%. The biggest reason is that when they reduce your charge from DWI to Careless or Reckless Driving, the conviction can no longer be used for enhancement purposes in the future.
With that being said, some prosecutors will consider reducing a DWI charge to Careless or Reckless Driving under certain circumstances. The lack of prior offenses, having a test result under .10% and the lack of bad driving conduct can all help to convince the prosecutor. However, even with all of these factors in your favor, there are many prosecutors who still will not consider reducing your charge.
Should I tell my employer if I get a DUI/DWI?
Anyone can be charged with DWI, but that charge is not the same as being convicted of a crime. Unless you have a contractual obligation of some kind to your employer or a professional licensing bureau, a DWI charge is not your employer’s business and whether you tell them is entirely up to you.
If your job requires government clearance and part of such clearance is a contractual obligation to disclose to your employer if you are charged with a crime, then it’s advisable that you inform your employer that you have been charged.
Will I go to jail for a DWI/DUI in Minnesota?
The simple answer depends on how many DWIs you have. If this is your first offense and your BAC is under .20%, then the answer is likely no. You will probably be looking at a few days of community service or a sentence to service in most situations. For a higher BAC, you may spend some time in jail.
If you have a prior DWI conviction or alcohol license revocation within the past ten years before the current offense, then there is a mandatory minimum sentence of 30 days in jail if you are convicted. The first 48 hours must be served in-custody and the remaining 28 days can be done on house arrest.
If you have two prior DWI convictions or alcohol revocations within the past ten years, then the mandatory minimum sentence jumps up to 90 days in jail if you are convicted. The first 30 days must be served in-custody and the remaining 60 days can be done on house arrest.
If you have three prior DWI convictions or alcohol revocations within the past ten years, then the charge is a felony and quite possibly a minimum of three years in prison if you have enough felony points. But in most cases, the sentence is 180 days in jail with 30 days in custody and 150 days on house arrest.
More than four offenses in a ten-year period of time will likely mean prison time.
Can I get my charges dismissed if the arresting officer did not read me my Miranda rights?
Not necessarily. Miranda rights must be read only if you are in custody and being interrogated. Failure to read them may suppress certain statements, but will not automatically dismiss your case. Other evidence can still be used against you.
How does a DWI affect my insurance rates?
A DWI conviction often doubles or triples insurance premiums. Some insurers may cancel coverage, requiring you to seek high-risk insurance and file an SR-22. A DWI stays on your driving record for ten years.
What is the ten-year rule in Minnesota DWI cases?
Minnesota’s “ten-year rule” means prior DWI offenses within the past decade count against you for enhanced penalties on a new DWI charge.
What are whiskey plates and when are they required for a DWI?
Whiskey plates are special license plates issued after certain DWI-related license revocations or vehicle forfeitures. They are required in repeat-offense cases or in cases involving very high BAC levels.
What is Minnesota’s zero-tolerance policy for underage DWI?
Drivers under 21 cannot have any measurable amount of alcohol in their system. Even a trace BAC can result in penalties under Minnesota’s zero-tolerance law.
Do I need an attorney for a DWI in Minnesota?
Many people wonder after being arrested for DWI whether they need an attorney. While you are not required to have a lawyer, an experienced attorney who dedicates his practice to DWI defense can make a huge difference when it comes to reducing the effects of the DWI. They can also increase the chances of finding key evidence and knowing specialized issues that can help you beat or reduce the charges against you.
How much does a DUI attorney in Minnesota cost?
What to spend on a DUI attorney is a common question most people find themselves asking when facing DUI charges. Oftentimes, your career, family, education or friends are riding in the balance. This situation is better handled by skilled professionals.
I have had many conversations with people in your situation and my response is always the same: good DUI attorneys aren’t cheap and unfortunately, cheap attorneys many times aren’t very good. Any important life decision is never made by going the inexpensive route. You should seek out and find the best and most experienced DUI attorney in your area and be prepared to pay their fee. It will be worth it.
Can I get a Minnesota DWI off my record?
After a conviction, it is technically possible to get a DWI or DUI off your criminal record under Minnesota’s expungement law, but the courts have been extremely stubborn with this. We have heard of only a handful of cases where expungement of a DWI was granted for highly unusual and extraordinary situations. There is also no power to expunge a DWI license revocation or conviction from your driving record either. This is why you need to pursue every avenue and opportunity to try to prevent the DWI conviction in the first place and challenge the license revocation immediately after you are arrested.
In Minnesota, a person only has 30 days from the date of receiving the notice of license revocation to file a challenge to the revocation and its permanent entry on the driving record. If any step is completed improperly, or if the Petition is filed beyond the 30-day deadline, it will be thrown out without the ability to make any legal challenges at all to the license revocation.
As for the criminal case, appropriate motions must be filed prior to certain points in the case to preserve key constitutional and procedural arguments. These pretrial issues are the key to keeping a DWI off your criminal record and driving record, even if you feel you are guilty of the offense.
The court will not penalize you for exercising your right to make these challenges, especially when the judges know how limited their power is to expunge your record after the fact. Act now to give yourself every opportunity to keep this incident from remaining on your permanent criminal and driving records.
We’ll Stand Up For Your Rights. Schedule A Free Consult.
If you’re grappling with a DWI charge in Minnesota, seeking legal help promptly is crucial. The earlier you bring a DWI lawyer on board, the better your chances of a positive outcome. At The DWI Guys, P.A., we stand ready to fight by your side and defend your rights.
Remember, a DWI charge need not dictate your future. With a skilled DWI defense attorney, you can weather this storm and move forward. We offer free consultations, so you have nothing to lose by reaching out. Call us today at 612-497-1217 or reach out through our online form for your confidential, no-cost consultation and discover how we can support you.

