DWI vs. DUI in Minnesota: What’s the Difference?
- Gad Law Offices
- 17 hours ago
- 2 min read
People arrested for impaired driving in Minnesota often ask the same question: What is the difference between a DWI and a DUI? The short answer is that Minnesota uses the term DWI, but many people still say DUI. The longer answer—and why it matters—can affect your license, your record, and your future.
Does Minnesota Charge DUI or DWI?
In Minnesota, the actual criminal charge is Driving While Impaired (DWI).“DUI” is a common term people use, but it is not the name of the charge under Minnesota law.
People often say DUI because:
Other states use that term
It is commonly used in movies and news
It sounds more familiar
If you were arrested in Minnesota, your paperwork will almost always say DWI, even if you searched for DUI.
Why the Difference Matters
While the words are often used interchangeably, a Minnesota DWI is more complex than many people expect.
A DWI can involve:
Alcohol
Drugs (including prescription medications)
A combination of substances
Test refusal
Prior offenses
High alcohol concentration
The consequences can include:
Jail time
Loss of your driver’s license
Vehicle forfeiture
Long-term record consequences
Immigration or employment issues
Whether someone casually calls it a DUI does not change the seriousness of a DWI charge in Minnesota.
First-Offense vs. Repeat DWI in Minnesota
Not all DWI cases are the same.
A first-offense DWI may still carry:
Criminal penalties
License revocation
Probation
Mandatory conditions
A repeat DWI or a case with aggravating factors can become:
A gross misdemeanor
Or a felony
With mandatory jail or prison exposure
Understanding where a case falls—and what defenses exist—requires a careful look at the stop, the testing, and the arrest process.
Chemical Tests and Refusal
One of the biggest differences between Minnesota and other states is how DWI testing works.
Minnesota DWI cases often involve:
Breath, blood, or urine tests
Implied consent laws
Separate license revocation proceedings
Strict timelines to challenge test results
Refusing a chemical test can carry its own serious consequences. These cases are often legally and procedurally complex.
Do I Need a Lawyer for a DWI or DUI in Minnesota?
Many people assume a DWI is “minor” or that it will resolve on its own. That assumption can be costly.
A lawyer can evaluate:
Whether the stop was lawful
Whether testing was conducted properly
Whether constitutional rights were violated
Whether charges can be reduced or dismissed
How to protect your license and record
Early legal advice can make a meaningful difference, even in a first-offense case.
Minnesota DWI Defense
Sarah Gad is a top Minneapolis-based criminal defense lawyer who represents clients charged with DWI throughout Minnesota, including Minneapolis, Saint Paul, Hennepin County, Anoka County, Ramsey County, Dakota County, and Washington County. She approaches DWI cases the same way she approaches serious felony cases—by examining the evidence carefully, challenging overreach, and protecting her clients from unnecessary consequences.
Learn More About the Criminal Process
If you were recently stopped or arrested, you may also find these pages helpful:
Understanding the process early helps prevent mistakes later.
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