Facing a second arrest for driving while impaired (DWI) in Minnesota involves stricter penalties than a first offense. Minnesota law treats repeat DWI offenses within a 10-year period as aggravating circumstances, which affects the charged degree in criminal court. Repeat offenses within a 20-year period significantly increase the revocation periods for your driver’s license.
Understanding Second DWIs and How the 10-Year Lookback Period Works
Minnesota uses a 10-year “lookback period” to classify DWI offenses. If you’re arrested for DWI, the court and prosecutors will determine whether you have any prior impaired driving convictions or license revocations in the past decade. Each prior incident within this timeframe counts as an aggravating factor.
For example, if you had one DWI conviction six years ago and are arrested again today, the new charge will be treated as a second offense: it falls within the 10-year lookback period. If your prior DWI or test-refusal-related license revocation occurred more than a decade ago, the old arrest would not aggravate the criminal charge. The lookback period affects:
- The degree of the charge
- The length of your current license revocation
- Eligibility for vehicle forfeiture or plate impoundment
- Mandatory minimum sentencing requirements
- As well as others
A second DWI within 10 years is a third-degree gross misdemeanor. Other aggravating factors can increase the degree.
Immediate Arrest and Booking
If law enforcement arrests you for a second DWI, you will likely be taken to a police station or county jail for booking. During booking, officers will collect your personal information and photograph you. You may be asked to take a chemical test under Minnesota’s implied consent law.
License Revocation
The Minnesota Legislature passed new laws in 2025 that significantly increase the driver’s license consequences for a DWI conviction. Minnesota now uses a 20-year lookback period when enhancing driving consequences for prior DWIs. A second DWI offense triggers longer driver’s license revocation periods. Your license can be revoked for two years if your prior arrest (or chemical test refusal) was within the lookback period. The revocation begins almost immediately after your arrest. You may receive a temporary license before the license withdrawal takes effect.
You may be eligible for limited driving privileges, such as an ignition interlock device program, but these options depend on your specific circumstances.
Vehicle Plate Impoundment
Depending on your specific charges, you may be subject to plate impoundment. This means the license plates on the vehicle you were driving, and possibly other vehicles registered to you, may be seized and replaced with special plates. Officers may also affix a permanent sticker to your plates. These are sometimes called “whiskey plates.”
Ignition Interlock Program and Vehicle Forfeiture
To regain driving privileges, many people arrested for a second DWI enter the ignition interlock device program. This requires installing a device in your vehicle that tests your breath for alcohol before the car will start.
Law enforcement may seize and forfeit your vehicle if you’re arrested for a second-degree or first-degree DWI, depending on the circumstances. This might occur if it is your second DWI within 10 years and your blood alcohol concentration was at least 0.16, or if there was a child in the vehicle.
Installing Ignition Interlock may also allow you to avoid having to get “whisky plates”.
Court Process
After your arrest and booking, you will attend an arraignment or a first appearance, depending on the charges. During this hearing, the judge informs you of the charges, your rights, an attorney, and may set bail or conditions of release. The case will proceed through additional pretrial hearings and possible motion hearings. You might resolve the case through a plea negotiation or you have a right to a trial.
Long-Term Consequences
DWIs can impact your life long after you’ve resolved your case. A second DWI conviction creates a permanent criminal record and increases insurance costs, which can significantly impact your daily life. It also increases the likelihood of felony charges if you are arrested for another DWI in the future. If you’re not a U.S. citizen, it can also impact your immigration status. It can impact work, licensing, global entry, among many other things.