A DWI charge in Minnesota can become more serious based on factors beyond whether your alcohol concentration was over the legal limit. One of the most important thresholds is an alcohol concentration of 0.16 or higher. Even for someone with no prior impaired driving history, a test result at that level can increase the degree of the charge and lead to additional consequences.
Minnesota law does not use “aggravated DWI” as a separate criminal charge. Instead, it identifies specific aggravating factors that can increase the degree of a DWI charge. Understanding what qualifies as an aggravating factor and how multiple factors work together can give you a clearer picture of what you may be facing.
What Makes a DWI Aggravated in Minnesota?
Minnesota law recognizes three aggravating factors when determining the degree of a DWI offense. These are:
- A qualified prior impaired driving incident within the 10 years immediately before the current offense
- An alcohol concentration of 0.16 or higher at the time of the offense or within two hours of it
- Having a child under age 16 in the vehicle when the child is more than 36 months younger than the driver
Any one of these factors can change the degree of a DWI charge. When more than one applies, the charge can become more serious. Prior impaired driving incidents can also affect driver’s license consequences and other requirements, making it important to look at the complete driving history rather than simply whether the current case is someone’s first DWI charge.
Why Does a 0.16 BAC Matter?
An alcohol concentration of 0.16 or higher is itself an aggravating factor. That means a person with no qualified prior impaired driving incidents can still face an elevated charge based on the chemical test result alone.
For example, a DWI with no aggravating factors is generally a fourth-degree misdemeanor. If a first-time offender has an alcohol concentration of 0.16 or higher, that single aggravating factor can make the offense a third-degree DWI, which is a gross misdemeanor.
The distinction matters because a gross misdemeanor carries greater potential criminal penalties than a misdemeanor. It can also affect issues outside the criminal case, including driving privileges and license plate impoundment.
How Do Aggravating Factors Change a Minnesota DWI Charge?
Minnesota divides DWI offenses into four degrees. Fourth degree is generally the lowest level, while first degree is a felony. The number of aggravating factors is particularly important when distinguishing fourth-, third-, and second-degree DWI. First-degree DWI follows a different set of statutory requirements.
| DWI Degree | General Rule |
|---|---|
| Fourth Degree | DWI without aggravating factors; generally a misdemeanor |
| Third Degree | DWI involving one aggravating factor; generally a gross misdemeanor |
| Second Degree | DWI involving two or more aggravating factors; generally a gross misdemeanor |
| First Degree | DWI involving specified prior impaired driving incidents or qualifying prior felony convictions; a felony |
Both third- and second-degree DWI are gross misdemeanors carrying potential penalties of up to one year in jail and a fine of up to $3,000. A fourth-degree misdemeanor carries a maximum of 90 days in jail and a fine of up to $1,000. First-degree DWI is a felony with substantially different sentencing consequences.
What If More Than One Aggravating Factor Applies?
Aggravating factors can combine. Suppose someone has an alcohol concentration of 0.16 or higher and one qualified prior impaired driving incident within the previous 10 years. The high alcohol concentration is one aggravating factor, and the prior incident is another. With two aggravating factors, the current offense can qualify as second-degree DWI.
This is why identifying prior incidents accurately matters. The relevant question is not simply how many times someone has been “charged with DWI.” Minnesota law defines which prior convictions and license-related incidents qualify for purposes of determining the current offense.
Is Chemical Test Refusal an Aggravating Factor?
No. Chemical test refusal is not one of Minnesota’s three statutory aggravating factors. However, refusing a legally required chemical test can create separate criminal and driver’s license consequences.
A qualifying test-refusal offense can constitute third-degree DWI even without an additional aggravating factor. If a test-refusal offense also involves one aggravating factor, it can qualify as second-degree DWI. Refusal can also raise separate issues under Minnesota’s implied consent law.
What Other Consequences Can Come With a 0.16 DWI?
The degree of the criminal charge is only part of the picture. A high alcohol concentration can also affect driving privileges and create consequences involving the vehicle. These issues operate alongside the criminal case and may have their own requirements.
Driver’s License Consequences
An alcohol concentration of 0.16 or higher can result in enhanced driver’s license consequences. The specific revocation period and options for regaining driving privileges depend on factors including the test result and any qualified prior impaired driving incidents.
Depending on the circumstances, Minnesota’s Ignition Interlock Device Program may provide a path to legal driving or may be required before full driving privileges can be restored. Because these requirements vary, the driver’s license revocation should be reviewed separately from the degree of the criminal charge.
License Plate Impoundment
A DWI involving an alcohol concentration of 0.16 or higher can also trigger license plate impoundment under Minnesota law. This creates an additional issue involving the vehicle beyond the criminal charge and driver’s license revocation.
Plate impoundment has its own rules concerning the vehicle involved, ownership, license plates, and available permits. Because those rules depend on the circumstances, a driver should not assume that resolving the DWI charge automatically resolves the plate issue.
What Should You Do If You Are Facing an Elevated DWI Charge?
A 0.16 test result or another aggravating factor does not eliminate the need to examine how the DWI case was investigated. The chemical test result itself may be an important part of the evidence, along with the traffic stop, field sobriety testing, chemical testing procedures, and other circumstances surrounding the arrest.
An attorney can also review whether prior incidents legally qualify as aggravating factors, whether the correct degree of DWI has been charged, and how the criminal case relates to license revocation, plate impoundment, and ignition interlock requirements. Those questions can be considered as part of the available DWI defense strategy.
If you are facing a Minnesota DWI involving a 0.16 or higher alcohol concentration or another aggravating factor, Coodin Law Office, LLC can review the specific circumstances and explain the criminal and driver’s license issues involved. Contact our office to discuss your case.