Implied consent and DWI penalties

Key points

1. Refusing a required test is a crime and brings a one to six year revocation.

   Source: Handbook p. 93

   “Refusing to take this test is a crime and will result in a revocation of driving privileges for one to six years, depending on the number of offenses on record.”
   Minnesota Driver's Manual, Handbook p. 93

2. An alcohol related revocation brings a $680 reinstatement fee.

   Source: Handbook p. 94

   “Penalties associated with an alcohol-related revocation of a driver's license include a $680 reinstatement fee”
   Minnesota Driver's Manual, Handbook p. 94

3. Penalties are more severe at 0.16 percent or above, or with a child under 16 in the vehicle.

   Source: Handbook p. 94

   “Have an alcohol concentration of 0.16 percent or above. Have a child younger than 16 years of age in the vehicle at the time of the stop.”
   Minnesota Driver's Manual, Handbook p. 94

4. At 0.08 or a refusal, you may get a seven day temporary license, then revocation.

   Source: Handbook p. 94

   “If you are found to have an alcohol concentration of 0.08 percent or above or refuse to take a test to determine an alcohol concentration, you may receive a seven-day temporary license. At the end of the seven-day period, your driver's license will be revoked.”
   Minnesota Driver's Manual, Handbook p. 94

5. First offense: at least a 90 day revocation, or 30 days if you plead guilty to DWI.

   Source: Handbook p. 94

   “Minimum of 90-day revocation (30 days if you plead guilty to DWI).”
   Minnesota Driver's Manual, Handbook p. 94

6. A first offense can also bring 90 days in jail, a $1,000 fine or both.

   Source: Handbook p. 94

   “90 days in jail, a $1,000 fine or both.”
   Minnesota Driver's Manual, Handbook p. 94

7. Second offense within 10 years: at least a one year revocation.

   Source: Handbook p. 94

   “Minimum one-year license revocation if the second offense occurred within 10 years of the first offense.”
   Minnesota Driver's Manual, Handbook p. 94

8. A second offense can bring one year in jail, a $3,000 fine or both.

   Source: Handbook p. 94

   “Second offense Minimum one-year license revocation if the second offense occurred within 10 years of the first offense. Possible required enrollment in the Ignition Interlock Device Program. One year in jail, a $3,000 fine or both.”
   Minnesota Driver's Manual, Handbook p. 94

9. An ignition interlock blocks starting the car at 0.02 percent or above.

   Source: Handbook p. 95

   “If the device detects an alcohol concentration at or above 0.02 percent, it prevents the vehicle from starting.”
   Minnesota Driver's Manual, Handbook p. 95

10. A fourth DWI arrest within a 10 year period can be charged as a felony.

    Source: Handbook p. 95

    “You may be charged with a felony DWI if you are arrested for a fourth DWI in a 10-year period”
    Minnesota Driver's Manual, Handbook p. 95

Numbers to know

3 questions from the Minnesota practice test

1. 1. Under Minnesota law as revised in 2025, what is the license revocation period for refusing a required chemical test when the driver has no qualified prior impaired driving incidents in the past 20 years?

   1. A 30-day suspension
   2. Not less than one year
   3. A warning with no effect on driving privileges
   4. Exactly six years
   Show answer

   Not less than one year. Minnesota moved its implied consent revocation periods into section 171.178 in 2025. A driver who refuses the test and has no qualified prior impaired driving incidents within the past 20 years loses the license for not less than one year. With one or more qualified prior incidents, full privileges return only after the driver uses an ignition interlock device for a set period, which can run two, six, or ten years depending on the record. Test refusal can also be charged as a crime. The 30-day figure belongs to the underage no-tolerance suspension.

2. 2. When can Minnesota penalties become more severe based on alcohol concentration?

   1. At 0.08 percent or above
   2. At 0.04 percent or above
   3. At 0.16 percent or above
   4. At 0.12 percent or above
   Show answer

   At 0.16 percent or above. Minnesota lists 0.16 percent or greater as a threshold that can remove the option of receiving a work permit after a first offense. That figure is higher than the 0.04 percent commercial-vehicle threshold and the 0.08 percent figure used in the ordinary DWI arrest rule. The 0.12 percent choice is not the concentration named for this restriction. Separate the concentration that triggers arrest from the higher concentration tied to tougher consequences. When reviewing an alcohol question, look for whether it asks about basic arrest, commercial operation, or an enhanced penalty, then match the number to that category.

3. 3. Which circumstance can lead to a felony DWI charge in Minnesota?

   1. A refusal to signal a lane change after drinking
   2. Any first DWI with no aggravating facts
   3. A DWI only when the vehicle was moving on a freeway
   4. A fourth DWI arrest within a 10-year period
   Show answer

   A fourth DWI arrest within a 10-year period. The manual lists a fourth DWI arrest within a 10-year period as one basis for a felony DWI charge. It also lists a previous felony DWI conviction and criminal vehicular homicide while under the influence. The choice “Any first DWI with no aggravating facts” treats every first offense as a felony, which overstates the rule. The third invents a freeway condition, and the choice “A refusal to signal a lane change after drinking” describes a traffic violation rather than one of the felony triggers. When reviewing prior incidents, count the time window and distinguish an arrest-based felony condition from the broader penalties that can follow other DWI offenses.

Source: the Minnesota Driver's Manual, Chapter 8: Driving under the influence of alcohol or drugs. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.