Will I go to jail if I get a DUI/DWI in Minnesota?

Gerald A. Miller

Answered by:
Gerald A. Miller

Located in Minneapolis, MN
Gerald Miller P.A.

Gerald A. Miller - Criminal Defense: DUI/DWI - Super Lawyers

Answered by: Gerald A. Miller

Gerald Miller P.A.
Minneapolis, MN
Phone: 612-341-9080
Fax: 612-341-9079

View Profile

Possibly. Every DUI or DWI carries the possibility of a jail sentence. There are general guidelines that judges and prosecutors must follow, but those same guidelines give quite a bit of room for negotiating any jail time. Whether jail is more likely or not depends largely on the Degree of the DWI (First-Degree, Second-Degree, Third-Degree, or Fourth-Degree DWI and DUI). 

There are maximum jail sentences that a judge cannot go beyond. For a Fourth (4th) Degree DWI or DUI the maximum sentence is 90 days in a county jail. For a Third (3rd) Degree and Second (2nd) Degree DWI or DUI the maximum sentence is 365 days in a county jail. For a First (1st) Degree DWI the sentence starts at 366 days in prison and goes up depending on the circumstances of the current case and the Defendant’s prior criminal and DWI/DUI history.

Even if you are facing jail, there are alternatives to actually spending time in a county jail or prison. These alternatives include electronic home monitoring (EHM), sentence to serve (STS), or standard community work service (CWS). A jail sentence can also be “stayed” by a court if you agree to complete other sanctions.

Find more helpful information at our DWI Info Center.

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.

Other Answers By Gerald A. Miller


Do I need a lawyer if I get a DUI/DWI in Minnesota?

Yes. Minnesota’s laws on DUI and DWI are some of the most complicated. Not only should you be concerned about the criminal consequences …

Answered by: Gerald A. Miller


How do I keep a DUI/DWI off my record in Minnesota?

The first and best way to keep a DUI or DWI off your record is to challenge the charges. The State has to prove your guilt beyond a reasonable …

Answered by: Gerald A. Miller


Will I lose my CDL if I get a DUI/DWI in Minnesota?

Yes. A Commercial Driver’s License (CDL), Class A, Class B, and Class C driver’s license will be affected by a …

Answered by: Gerald A. Miller

Other Answers About DUI/DWI


Do I need a lawyer for a DUI/DWI in New York?

Although many motorists choose to automatically plead guilty to a DUI or DWI charge, the consequences of even a first-time DUI conviction will …

Answered by: Daniel J. Henry, Jr.


What is considered a felony DUI in South Carolina?

Most DUI arrests are charged as misdemeanors. But under South Carolina law, driving under the influence is sometimes prosecuted as a felony.A drunk …

Answered by: Ryan L. Beasley


Is a DUI a misdemeanor in California?

Yes. A first-, second- and third-time DUI are misdemeanors, provided there are no injuries or deaths from an accident related to the DUI. If there is …

Answered by: Ron Cordova


If you send a lawyer or law firm email through this service, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via this email service. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties. Super Lawyers will not retain a copy of this message.

Page Generated: 0.87443089485168 sec