A DWI is not just a traffic ticket. It is a criminal charge with consequences that can follow you for years, affecting your job, your housing, your schooling, and your ability to drive. It also moves fast. A DWI arrest triggers two separate cases at once: a criminal case and a civil challenge to your driver’s license. Each has its own deadlines, and what you do in the first days matters.
At the Law Office of Lauren Campoli, we defend people charged with DWI throughout Hennepin County and the greater Twin Cities. We look closely at how the stop was made, how the testing was done, and whether your rights were honored at every step, because that is where DWI cases are often won.
DWI, Not DUI
In Minnesota, the offense is called DWI, or Driving While Impaired, under Minn. Stat. § 169A.20. “DUI” is the term used in some other states. In Minnesota there is one governing law, and it covers impairment by alcohol and by controlled or intoxicating substances, not just alcohol. You can be charged for driving while impaired, or for having an alcohol concentration of 0.08 or more within two hours of driving (0.04 for commercial drivers).
The Four Degrees of DWI in Minnesota
Minnesota classifies DWI by degree, based on the number of aggravating factors present, not simply on how many prior offenses you have:
- Fourth-Degree DWI, Minn. Stat. § 169A.27. A DWI with no aggravating factors. A misdemeanor, punishable by up to 90 days in jail and a $1,000 fine.
- Third-Degree DWI, Minn. Stat. § 169A.26. One aggravating factor, or a test refusal. A gross misdemeanor.
- Second-Degree DWI, Minn. Stat. § 169A.25. Two or more aggravating factors. A gross misdemeanor, often carrying mandatory conditions and possible vehicle-related consequences.
- First-Degree DWI, Minn. Stat. § 169A.24. A felony, charged when three or more aggravating factors are present, or the driver has three or more prior impaired-driving incidents within ten years (or a prior felony DWI). Punishable by up to 7 years in prison and a $14,000 fine.
Aggravating factors (Minn. Stat. § 169A.03) are what drive the degree upward: a qualified prior impaired-driving incident, an alcohol concentration of 0.16 or more, or a child under 16 in the vehicle.
Refusing the Test Is Its Own Charge
Under Minnesota’s implied-consent law (Minn. Stat. § 169A.51), refusing a chemical test after a lawful DWI arrest is a separate crime, a gross misdemeanor. Refusal can also raise the degree of your DWI and lengthen your license revocation. The decision to refuse has real consequences, and it is one reason to have counsel involved as early as possible.
Your License Is a Second, Separate Fight
A DWI arrest starts a civil case against your driver’s license that runs alongside the criminal case. To challenge the revocation, an implied-consent petition must be filed within a strict statutory deadline. If that window is missed, the revocation stands even if you later win the criminal case. Minnesota’s administrative rules changed recently, too. As of August 1, 2025, the state uses a 20-year lookback period for license revocation and ignition-interlock purposes. Protecting your record and your ability to drive means acting on both cases at once, and quickly.
Talk With a Minnesota DWI Lawyer
A DWI charge is serious, but it is defensible, and an early, thorough defense is your best protection. Contact the Law Office of Lauren Campoli at 612-500-7777 to discuss your case.
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