Lawyer for Second, Third & Fourth+ DWI Offenses in MN

Minimize Your Risk of Enhanced DWI Penalties in MN

A DWI conviction is always a serious offense, but did you know that a second, third, or fourth DWI offense in Minnesota could result in enhanced charges?

The more DWI convictions a person has had in the last 10 years, the greater the penalties they will face. Jail time will be longer, fines will be higher, and the severity of the charge could increase from a misdemeanor to a felony.

If you are facing a DWI charge with prior convictions, there is still hope for your defense.

Why You Should Call Us

At Tamburino Law Group, our team has a proven track record of successfully defending clients against second, third, and fourth DWI charges. We understand the intricacies of Minnesota DWI laws and will work tirelessly to protect your rights and achieve the best possible outcome for your case.

The benefits of hiring us for a second, third, fourth, or subsequent DWI charge include:

• Thorough understanding of Minnesota DWI laws
• Strategic defense strategies tailored to your specific case
• Experience in negotiating reduced charges or alternative sentencing options
• Compassionate and personalized legal support throughout the entire legal process
• Proven track record of achieving favorable outcomes for clients

Don't face your DWI charges alone. Schedule a free consultation with our experienced DWI lawyers to discuss your case and explore your legal options.

Call Tamburino Law Group at (612) 444-5020 or contact us online to speak to a multiple DWI lawyer.

Minnesota's “Look-Back” Period for DWI Offenses

Minnesota law still uses a 10-year look-back period to determine whether prior DWI convictions can be used to enhance the criminal charge level from a misdemeanor to a gross misdemeanor or felony.

However, legislative changes effective July 1, 2025 under HR2130 expanded the look-back period for driver’s license revocations from 10 years to 20 years. This affects the civil/administrative side of a DWI case, meaning the length of license loss, but does not change how priors are counted for criminal charging purposes.

For example, if you received a DWI 18 years ago and are convicted of a new offense, your case would still be charged as a first-time offense for criminal purposes, but the Minnesota Department of Public Safety could revoke your license for two years based on that older prior conviction.

How DWI Charges Are Classified in MN

Minnesota law classifies DWI offenses into four degrees, with penalties increasing based on the number of prior convictions, aggravating factors, and whether the current offense is a felony. The degree of your charge is determined by your history within the last 10 years, test results, and circumstances of the arrest.

Fourth-Degree DWI – Misdemeanor

• First-time offense
• No aggravating factors (e.g. BAC under 0.16, no child in vehicle, no prior DWIs in 10 years)
• Penalty: Up to 90 days in jail, $1,000 fine, license revocation

Third-Degree DWI – Gross Misdemeanor

• First-time DWI with one aggravating factor (e.g. BAC ≥ 0.16, test refusal, or child passenger)
• Second offense in 10 years with no aggravating factors
• Penalty: Up to 1 year in jail, $3,000 fine, 1–2 year license revocation (revocation length now calculated using a 20-year look-back)

Second-Degree DWI – Gross Misdemeanor

• Second offense in 10 years with one or more aggravating factors
• Third offense in 10  years with no aggravating factors
• Penalty: Up to 1 year in jail, $3,000 fine, license revocation or cancellation depending on history (revocation/cancellation periods may be affected by the 20-year look-back)

First-Degree DWI – Felony

• Fourth or subsequent DWI in 10 years.
• Any prior felony DWI conviction
• DWI involving serious injury or death (may also be charged as criminal vehicular operation/homicide)
• Penalty: Up to 7 years in prison, $14,000 fine, 6–10 year license cancellation, mandatory treatment and interlock

How DWI Charges Are Enhanced in Minnesota

In Minnesota, DWI charges can be enhanced based on your history and the presence of certain aggravating factors. Enhancement means your charge is elevated to a more serious degree, often resulting in harsher penalties and mandatory conditions such as longer license revocation, ignition interlock requirements, and potential jail time.

Common aggravating factors include:

• One or more prior DWI convictions within the past 10 years
• A blood alcohol concentration (BAC) of 0.16 or greater
• Refusal to submit to chemical testing
• Having a child under the age of 16 in the vehicle (if the child is more than 36 months younger than the driver)

The number and combination of these factors determine whether you're charged with a misdemeanor (fourth-degree), gross misdemeanor (second- or third-degree), or felony (first-degree). For example:

• A second DWI in 10 years is automatically enhanced to a gross misdemeanor, even without additional aggravating factors.
• If you have a prior conviction and a BAC over 0.16, or a child in the car, you may face second-degree charges instead of third.
• A fourth DWI in ten years is charged as a felony.

These enhancements also impact administrative penalties. A second or third offense now typically leads to multi-year license revocation or cancellation, with mandatory interlock program participation and substance use treatment required before full driving privileges can be restored.

A skilled defense attorney can review your record, challenge enhancements where appropriate, and help you avoid the most severe outcomes.

Call For a FREE Consultation: (612) 444-5020

If you are facing a second or subsequent DWI charge, legal defense may still be an option for you. Contact the Minneapolis, MN multiple DWI attorneys from Tamburino Law Group to discuss what options are available for your case. 

We may be able to challenge the admissibility of evidence gathered against you, especially if it was obtained by violating your rights, and may be able to help you avoid jail time by voluntarily getting onto the ignition interlock program.

For a complimentary and confidential consultation about multiple DWI charges and penalties in MN, please contact our firm at (612) 444-5020.