A 4th degree DWI is a felony charge in Minnesota for a fourth or subsequent drunk driving offense within ten years

In Minnesota, a 4th degree DWI is charged when someone is arrested for driving under the influence and has three prior DWI convictions within the past ten years. This moves the charge from a misdemeanor to a felony, which changes everything about the legal process, the penalties you face, and the long-term consequences for your driving and employment.

The distinction matters because felony charges carry prison time, not just jail time. A 4th degree DWI conviction in Minnesota carries a mandatory minimum of 30 days in prison and up to one year, plus a fine between $1,000 and $3,000. Your driver's license is revoked for at least one year, and you become ineligible for a work permit during that time. A felony conviction also appears on background checks for employment, housing, and professional licensing.

The prior convictions that count toward this charge must have occurred within ten years of the current arrest. That ten-year window is measured from the date of arrest to the date of arrest, not from conviction to conviction. If your third prior DWI is older than ten years, it does not count, and you would be charged with a lower degree instead.

Key Takeaways

  • A 4th degree DWI in Minnesota is a felony charge triggered by a fourth DWI arrest within ten years, not by blood alcohol content or accident involvement.
  • Conviction carries a mandatory minimum of 30 days in prison, a fine of $1,000 to $3,000, and automatic license revocation for at least one year with no work permit may be able to access.
  • The ten-year lookback window is measured from arrest date to arrest date, so a prior conviction older than ten years does not count toward the charge.
  • A felony DWI conviction appears on background checks and can affect employment, housing, professional licenses, and firearm ownership.
  • The prosecution must prove you were driving and impaired; prior convictions alone do not may provide conviction on the current charge.

How the ten-year lookback window works

The ten-year window is the most important detail in determining whether you face a 4th degree charge or a lower one. Minnesota counts backward from the date of your current arrest. If you were arrested for DWI on January 15, 2024, the state looks at any DWI convictions or arrests from January 15, 2014 onward. A conviction from January 10, 2014 would not count because it falls outside the window.

The law counts convictions, not arrests. You can be arrested for DWI multiple times, but only convictions (or guilty pleas) count toward the degree. If you were arrested three times but convicted only twice within the ten-year window, and you are arrested again, you would be charged with a 3rd degree DWI, not a 4th degree.

Dismissed charges and acquittals do not count. Only convictions and guilty pleas count. This distinction matters if you are considering a plea deal or fighting a prior conviction on procedural grounds—it can change the degree of the current charge.

Mandatory minimum penalties and what they mean

A 4th degree DWI conviction in Minnesota carries a mandatory minimum of 30 days in prison. This is not a recommendation or a guideline; it is a floor below which a judge cannot sentence you, even if you have no criminal history otherwise or strong mitigating circumstances. The maximum is one year in prison. The judge has discretion within that range, but cannot go below 30 days.

In addition to prison time, you face a fine between $1,000 and $3,000. Some judges impose both the minimum and maximum fine; others impose something in between. Fines are separate from restitution, which is money you may owe if your driving caused property damage or injury to someone else.

Your driver's license is revoked for at least one year. Unlike a suspension, which is temporary and can sometimes be lifted early, a revocation is permanent unless you go through a formal reinstatement process after the revocation period ends. During the revocation period, you are not may be able to access for a work permit that would allow you to drive to and from your job. Some states allow work permits; Minnesota does not for 4th degree DWI.

License revocation and reinstatement

When you are convicted of a 4th degree DWI, the Minnesota Department of Public Safety automatically revokes your license. The revocation takes effect on the date of conviction, not the date of sentencing. You cannot drive legally during the revocation period, even with a work permit or a restricted license.

After the revocation period ends (at least one year), you can petition for reinstatement. This is not automatic. You must file a petition with the district court in the county where you were convicted. The petition requires proof that you have completed any court-ordered treatment or education programs, that you have not been arrested for any offense during the revocation period, and that reinstatement is in the public interest.

The court may impose additional conditions before reinstating your license, such as requiring an ignition interlock device (a breathalyzer installed in your vehicle that prevents the engine from starting if alcohol is detected on your breath) or proof of insurance. Some courts require an ignition interlock for several years after reinstatement, even though the revocation period itself has ended.

Felony conviction and background checks

A 4th degree DWI is a felony, which means it appears on your criminal record and shows up on background checks for employment, housing, professional licenses, and firearm ownership. Unlike a misdemeanor, a felony conviction cannot be expunged (sealed) in Minnesota unless you meet very specific criteria, and those criteria are narrow for DWI offenses.

Employers, landlords, and licensing boards will see the conviction. Some employers have blanket policies against hiring anyone with a felony conviction. Others evaluate each case individually. Professional licenses—nursing, teaching, law, real estate, contracting—often have specific rules about felony convictions and may deny or revoke a license based on a DWI conviction alone.

Federal law prohibits anyone convicted of a felony from owning a firearm. A 4th degree DWI conviction triggers this prohibition. If you own firearms, you must surrender them or face federal charges for illegal possession.

The difference between a 4th degree DWI and lower degrees

Minnesota has five degrees of DWI, and the degree depends on prior convictions and circumstances, not on blood alcohol content alone. A 1st degree DWI involves a fatality or serious bodily injury. A 2nd degree involves a prior conviction within ten years plus either a high blood alcohol level (0.16 or higher), a child passenger, or a school bus. A 3rd degree involves a prior conviction within ten years. A 4th degree involves a second or subsequent prior conviction within ten years.

The practical difference is prison time and revocation length. A 1st degree DWI carries up to seven years in prison. A 2nd degree carries up to one year in prison and license revocation for at least one year. A 3rd degree carries up to one year in jail (not prison) and license revocation for at least 180 days. A 4th degree carries 30 days to one year in prison and license revocation for at least one year.

The distinction between jail and prison matters. Jail is a local facility where sentences are typically under one year. Prison is a state facility where sentences are typically longer. A 4th degree DWI sends you to prison, not jail, even if you receive the minimum 30-day sentence.

What the prosecution must prove

The prosecution must prove two things beyond a reasonable doubt: that you were driving the vehicle and that you were impaired by alcohol or drugs. Prior convictions do not prove either of these facts. They only determine the degree of the charge if the current charge is proven.

If the prosecution cannot prove you were driving—for example, if you were in the passenger seat or the vehicle was parked—the charge can be dismissed regardless of how many prior convictions you have. If the prosecution cannot prove impairment—for example, if the breath test was administered incorrectly or the officer lacked probable cause to stop you—the charge can be dismissed or reduced.

Prior convictions can be used against you in other ways. If you testify in your own defense, the prosecution can cross-examine you about prior DWI convictions to challenge your credibility. But the convictions themselves are not evidence that you committed the current offense.

Frequently Asked Questions

Can a 4th degree DWI be reduced to a lower degree?

Yes, through a plea agreement with the prosecution. The prosecutor may agree to reduce the charge to a 3rd degree DWI in exchange for a guilty plea, which would lower the mandatory minimum from 30 days to zero days (though a judge could still impose jail time). Any reduction requires the prosecutor's consent and the judge's approval.

What happens if I refuse a breath or blood test?

Minnesota has an implied consent law. Refusing a test triggers an automatic license revocation separate from any criminal conviction. The revocation is one year for a first refusal, and longer for subsequent refusals. The refusal can also be used as evidence of impairment in court, though it is not proof by itself.

Do I have to serve the 30-day minimum in prison, or can I do it in jail?

A 4th degree DWI conviction requires prison time, not jail time. You cannot satisfy the mandatory minimum by serving time in a local jail. However, some defendants negotiate to serve the time in a work-release program or a residential treatment facility, depending on the judge and the specific circumstances.

Can a 4th degree DWI conviction be expunged from my record?

Minnesota law does not allow expungement of DWI convictions in most cases. A felony conviction stays on your record permanently unless you meet very narrow criteria, such as if the conviction is overturned on appeal or if new evidence proves your innocence. Expungement is not available straightforward because time has passed.

What if one of my prior convictions was in another state?

Minnesota counts DWI convictions from other states if they occurred within the ten-year lookback window. The conviction must be for an offense substantially similar to Minnesota DWI—driving under the influence of alcohol or drugs. The prosecution must prove the prior conviction is substantially similar, but most states' DWI laws are similar enough that the conviction will count.