When Can A DWI Be Charged As A Felony In Minnesota?
Last updated on March 16, 2026
Minnesota law allows certain driving while impaired (DWI) offenses to be charged as felonies. These cases usually happen in two situations. First, when someone has a serious history of prior DWI offenses. Second, when an impaired-driving incident causes serious injury or death.
A felony DWI charge can change your life. A conviction can affect your job, your reputation and your freedom. It can also impact immigration status if you are not a U.S. citizen. If you are facing felony DWI charges, it is important to speak with an experienced attorney as soon as possible so we can begin preparing your defense.
Felony DWI Scenarios
Minnesota prosecutors can charge felony DWI in several situations. You may face a felony charge if:
- You have three prior DWI incidents within the past 10 years.
- You are accused of first-degree DWI or test refusal after those prior offenses.
- You already have a felony DWI conviction, and you are arrested for another DWI.
- The impaired-driving incident caused serious injury or death, which may lead to criminal vehicular operation or criminal vehicular homicide charges.
Minnesota does not allow felony DWI convictions to be expunged. That means the conviction stays on your record permanently. Because the consequences are so serious, we work quickly to review the facts and build a strong defense strategy.
Possible Penalties For Felony DWI In Minnesota
County attorney offices handle felony DWI prosecutions in Minnesota. These offices treat felony DWI cases very seriously.
Possible penalties may include:
- Up to seven years in prison
- Long probation periods, sometimes lasting several years
- At least six months in county jail in many first-degree felony DWI cases
- Mandatory prison time if you have a prior felony DWI conviction
- Driver’s license revocation
- Vehicle forfeiture
- A permanent felony record
Every case is different. When The DWI Guys reviews a case, we look closely at the traffic stop, the police investigation and the chemical testing process. Mistakes in any of these areas can affect the outcome of a case.
Understanding Criminal Vehicular Operation (CVO) And Criminal Vehicular Homicide (CVH)
Some impaired driving cases involve serious harm to others. Minnesota law allows prosecutors to charge these cases as criminal vehicular operation (CVO) or criminal vehicular homicide (CVH).
Criminal vehicular operation usually applies when a driver causes serious bodily harm while driving under the influence or driving in a negligent way. Criminal vehicular homicide applies when impaired driving leads to someone’s death.
These cases often receive strong attention from prosecutors and judges. The consequences can be severe because these incidents can cause lasting harm to victims and their families.
Many people involved in these cases experience significant emotional trauma even before the court process begins. We understand how overwhelming this situation can feel. Our team works closely with clients to guide them through each stage of the case while we prepare a strong defense.
Why Choose The DWI Guys?
Felony DWI cases require experience and focus. At The DWI Guys, P.A., we concentrate on defending people accused of impaired-driving offenses throughout Minnesota.
When we take a case, we review every detail, including:
- Whether the police had a legal reason to stop the vehicle
- Whether field sobriety tests were done correctly
- Whether breath or blood testing followed proper procedures
- Whether the police made mistakes during the investigation
Our firm has successfully defended clients facing serious impaired-driving charges, including cases involving criminal vehicular operation. In some situations, we have helped clients reduce charges or reach outcomes that allowed them to move forward with their lives.
When you hire our team, we stand beside you, explain your options and fight for your rights.
Contact The DWI Guys To Discuss Your DWI. Free Consultations.
If you are facing felony DWI, criminal vehicular operation or criminal vehicular homicide charges, you should speak with a lawyer as soon as possible.
We are ready to review your case and explain your legal options. Call us today at 612-497-1217 or send us an email through our contact form to schedule your free consultation.