Can You Go To Jail For Your First DUI In Minnesota?

Ethan P. Meaney

Answered by:
Ethan P. Meaney

Located in Champlin, MN
Meaney & Patrin, P.A.

Ethan P. Meaney - Criminal Defense: DUI/DWI - Super Lawyers

Answered by: Ethan P. Meaney

Meaney & Patrin, P.A.
Champlin, MN
Phone: 612-260-6758
Fax: 763-703-3363

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The short answer is maybe. In Minnesota, it depends on a number of factors. First and most noteworthy, Minnesota does not have mandatory minimum penalties for a first-time DWI offender.  Thus, the Court is not required by law to impose any jail on a first-time DWI / DUI conviction in Minnesota.  

Usually in this scenario, the driver will receive no jail or a couple of days of community service/sentence to service unless one of the other factors discussed below are also present. 

Factors that may increase the possibility the Judge will impose jail if you are convicted of a DWI/DUI: first, if you have an alcohol concentration of .20 or more then it becomes more likely that you may do jail time for a DWI / DUI conviction, especially with higher alcohol concentration levels; second, if there was an accident involved and there was damage to property, vehicles or persons then the likelihood of jail increases; third, how cooperative the driver is with the officer can also have an impact on sentencing - the less cooperative you are the more likely the court may impose jail time for a DWI/DUI conviction; and fourth, whether you are already on probation for any other criminal offense(s). This list is not exhaustive by any means but it tends to be the big four when it comes to sentencing a first-time DWI / DUI offender in Minnesota.  

For more information on DWIs and the possible penalties visit or call 1-800-DWI-GUYS.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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