How Long Does a DWI Stay on Your Record in Minnesota?
If you were arrested for a DWI in Minnesota, one of the first questions you’re probably asking is: how long does a DWI stay on your record?
Here’s the direct answer:
A DWI conviction in Minnesota stays on your criminal record permanently unless it is expunged.
For criminal charging and sentencing purposes, prior DWIs can be used to enhance subsequent DWIs for 10 years. (Note: a prior felony DWI will make all subsequent DWIs felony-level even if committed beyond 10 years apart).
License consequences typically last from 90 days to several years depending on the offense and prior history.
However, the exact impact depends heavily on whether it’s your 1st, 2nd, 3rd, or 4th offense. The penalties, license revocation periods, and long-term consequences increase significantly with repeat offenses.
Below, we break down how long a DWI stays on your record in Minnesota and what that means for your future.
The Lookback Period for DWIs in Minnesota
Minnesota recently made its DWI laws significantly stricter.
As of August 1, 2025, the state expanded the lookback period for driver’s license revocations to 20 years. This change came through legislation often referred to as HF2130.
Here’s the key distinction:
Criminal charging enhancements still use a 10-year lookback period
For second DWI offenses involving a single prior DWI incident, Minnesota now uses a 20-year lookback period for license revocation consequences, while third- and fourth-offense consequences are based on lifetime prior history
This means that older DWI offenses can still increase the length of your license revocation, even if they are too old to increase the criminal charge.
Criminal Charges Still Use a 10-Year Window
For criminal penalties, Minnesota still counts prior impaired-driving incidents within 10 years when determining the severity of a new charge, with the exception of prior felony DWIs as mentioned above. A first-time DWI may still be charged as a 4th, 3rd, or even 2nd Degree depending on aggravating factors such as test refusal, a high alcohol concentration, or a child passenger. They’re not solely based on prior offenses.
For example:
| Non-Felony Prior Incidents (10 Years) | Typical Charge with No Additional Aggravating Factors |
|---|---|
| 0 prior incidents | 4th Degree DWI (misdemeanor) |
| 1 prior incident | 3rd Degree DWI (gross misdemeanor) |
| 2 prior incidents | 2nd Degree DWI (gross misdemeanor) |
| 3+ prior incidents | 1st Degree DWI (felony) |
If your previous DWI occurred more than 10 years ago, and it wasn’t a felony, it will not increase the criminal level of your new DWI charge. However, that same prior offense may still affect your driver’s license.
License Revocations Now Use a 20-Year Lookback
Under the updated law, if you have one prior DWI incident within 20 years of a new one, the Minnesota Department of Public Safety can now use this to increase your license revocation penalties.
For example, a second DWI within 20 years now carries a mandatory two-year license revocation, even if the previous offense happened 18 years ago.
Previously, a single prior DWI outside the 10-year window would not have affected license revocation length. This is no longer the case.
Because of this change with single prior incidents, many drivers with an older DWI may now face much longer loss of driving privileges than they expected.
How Long a First-Time DWI Stays on Your Record
For most people, the first offense is where this process begins.
Criminal Record
A first-time DWI conviction remains on your criminal record permanently unless it is expunged.
Minnesota may allow certain misdemeanor DWIs to be expunged, but only after a waiting period and under specific conditions.
License Revocation
License consequences typically include:
90-day revocation for a standard first offense
1-year revocation if aggravating factors are present
180-day revocation if committed while under the age of 21
Aggravating factors include:
BAC of 0.16 or higher
A child under 16 in the vehicle
Refusal to test
Ignition Interlock Possibility
If your revocation period is 1-year, you may want to install ignition interlock into your vehicle, so you can drive before your revocation period is up. Ignition interlock is a small device that you blow into that measures your alcohol concentration level before you can start and drive your vehicle.
Insurance Consequences
A first DWI can cause:
Dramatically increased insurance premiums
Requirement for SR-22 insurance
Possible policy cancellation
Insurance impacts often last 3-5 years, even if criminal penalties are resolved sooner.
How Long a Second DWI Stays on Your Record
If you receive another DWI within 10 years, the consequences increase substantially.
Criminal Charge Level
A second DWI is usually charged as a 3rd Degree DWI (Gross Misdemeanor), though it may be charged as a 2nd Degree DWI if additional aggravating factors are present, and it may be charged as a felony if the driver has a prior felony DWI or qualifying felony-level DWI-related offense.
Criminal Record Impact
Just like a first offense:
The conviction remains permanently on your criminal record unless expunged.
It counts toward future offenses for 10 years.
License Revocation
Typical revocation periods include:
2 year license revocation
Possible vehicle forfeiture, but not typical
License plate impoundment
Required ignition interlock participation
Drivers often need to complete chemical dependency treatment before full reinstatement.
Jail Time
A second offense can carry:
Up to 1 year in jail
Minimum of 30 days of incarceration or 8 hours of community work service per day not served in custody
Even if jail time is stayed, probation conditions can be strict.
How Long a Third DWI Stays on Your Record
A third offense within 10 years is where the situation becomes significantly more serious.
Criminal Charge Level
A third offense is typically charged as a 2nd Degree DWI (Gross Misdemeanor). However, if the driver has a prior felony DWI or felony-level DWI-related offense, the charge may be felony-level regardless of the 10-year lookback period.
Permanent Criminal Record
Like all DWI convictions:
The offense stays on your record permanently
It continues to appear in criminal background checks unless expunged
However, expungement becomes much harder with multiple offenses.
License Revocation
A third DWI usually results in:
License cancellation inimical to public safety.
Mandatory ignition interlock for 6 years
Possible vehicle forfeiture
License plate impoundment
Required treatment
Many drivers must complete the Minnesota ignition interlock program for a significant period before receiving full driving privileges again.
Vehicle Forfeiture
In many third-offense cases, the state can seize your vehicle. Vehicle forfeiture can be financially devastating. You must contest the forfeiture within 60 days in order to potentially retrieve the vehicle back..
How Long a Fourth DWI Stays on Your Record
A fourth impaired driving incident within 10 years is treated as a felony offense in Minnesota. Additionally, under Minnesota law, a prior felony DWI can make later DWIs felony-level, even if they occur outside the standard 10-year lookback period.
Criminal Charge Level
A fourth offense in 10 years is charged as a 1st Degree DWI (Felony).This is the most serious DWI classification under Minnesota law.
Permanent Felony Record
A felony DWI:
Stays on your criminal record permanently
Is extremely difficult to expunge
Appears on nearly all background checks
Felony convictions can affect employment opportunities, housing applications, professional licensing, firearm rights, and more.
License Consequences
A felony DWI often results in:
License cancellation inimical to public safety
Mandatory ignition interlock for 10 years
Vehicle forfeiture
License plate impoundment
Required treatment
Individuals must complete several years in the ignition interlock program before full reinstatement.
Jail Time
Felony DWIs carry potential penalties of:
Up to 7 years in prison
Fines up to $14,000
Even if prison time is avoided, probation can last several years.
What Shows Up on Your Record After a DWI?
When people ask “how long does a DUI stay on your record,” they often mean different things. A DWI affects multiple records, including:
Criminal Record
A conviction typically stays permanently. Background checks for employment, housing, or licensing can reveal the offense.
Driving Record
Minnesota driving records will show DWI-related incidents indefinitely, and cannot be expunged. It is important to challenge the revocation of your license through an implied consent case to potentially avoid a DWI on your driving record.
Court Records
Court filings related to your case are generally public records if you are convicted, unless expunged.
Can a DWI Be Expunged in Minnesota?
In some cases, yes. Expungement allows individuals to seal criminal records. Meaning, the general public, including most employers and landlords, cannot see the conviction. However, eligibility is limited and depends on several factors, including the severity of the offense, your criminal history, and whether you have completed all court-ordered obligations.
Possible Expungement Waiting Periods
Typical waiting periods include:
2 years after discharge from probation for misdemeanor offenses
3 years after discharge from probation for gross misdemeanors
Eligibility for expungement depends on the offense and statutory requirements, and these waiting periods may differ or not apply depending on the outcome in your case.
Felony DWIs are very difficult to expunge and often not eligible. Even when expunged, law enforcement and courts may still access the records, and expungement does not erase the incident for all purposes.
Because of these limitations, having an experienced Minnesota DWI attorney review your eligibility is important.
How Repeat DWIs Affect Your Future Charges
Because Minnesota now uses two separate lookback windows, prior offenses can impact your case in different ways.
Criminal Penalties (10-Year Window)
The severity of a new DWI charge is still based on prior incidents within the past 10 years.
License Penalties (20-Year Window)
Minnesota does not use only a 20-year lookback for all license consequences. The 20-year lookback applies to drivers with a single prior DWI incident. But if someone has two or more prior DWI incidents, Minnesota may look at a driver’s full lifetime record when determining certain license cancellations and reinstatement consequences.
This means someone who had a DWI 15 years ago may still face:
Longer license revocation
Mandatory ignition interlock
Treatment requirements
And drivers with multiple prior DWIs may face lifetime-based consequences, including:
Third DWI in a lifetime: mandatory cancellation, 6-year ignition interlock participation
Fourth DWI in a lifetime: mandatory cancellation, 10-year ignition interlock participation
These penalties are based on lifetime prior history, not merely a 20-year window.
How a DWI Can Affect Your Driver’s License
Your driver’s license is often affected immediately after a DWI arrest, even before the criminal case is resolved.
Minnesota uses an administrative process called implied consent, which allows the state to revoke your license after a failed chemical test or refusal. Recent changes to Minnesota law have made these penalties significantly stricter.
Immediate Administrative Revocation
After a DWI arrest, your license may be revoked through an administrative process separate from the criminal case.
You typically receive a temporary driving permit while the revocation takes effect.
14 days of temporary driving privileges after a test refusal or failed chemical test (previously 7 days)
After that period, the revocation begins unless you successfully challenge or stay the revocation.
Longer Revocation and Cancellation Periods
Under the updated law, repeat offenses now trigger significantly longer license penalties, but the rules differ depending on whether a person has one prior DWI or multiple priors.
For drivers with one prior DWI incident, Minnesota now uses a 20-year lookback period for license revocation consequences. That means a second DWI committed within 20 years of a prior offense can trigger:
Mandatory 2-year license revocation
Possible ignition interlock
Mandatory treatment requirements in some cases
Importantly, this expanded 20-year lookback applies only to single-prior cases.
For drivers with two or more prior DWI incidents, the analysis changes. In those situations, Minnesota can look to a driver’s lifetime DWI history, not just a 20-year window, when imposing certain cancellation penalties.
The structure generally includes:
| Prior DWI-related History | Current License Consequence Framing |
|---|---|
| No qualified prior in past 20 years | 90 days for standard test failure; 1 year for refusal or 0.16+ |
| One qualified prior within 20 years | Required ignition interlock/treatment framework for at least 2 years |
| Two qualified priors | Cancellation/denial and at least 6 years of ignition interlock before full reinstatement |
| Three or more qualified priors | Cancellation/denial and at least 10 years of ignition interlock before full reinstatement |
A revocation means your license is temporarily taken away.
A cancellation is much more serious—it means your license is terminated entirely, and you must reapply for reinstatement after meeting strict conditions.
While the 20-year lookback affects many second offenses, third and fourth-offense license consequences can be driven by lifetime prior history, meaning even much older DWI incidents can still carry serious consequences.
Ignition Interlock and Treatment Requirements
Under the newer law, ignition interlock and treatment are now mandatory in most repeat DWI cases.
If your license is revoked due to a second or subsequent DWI, you will typically be required to:
Install an ignition interlock device
Complete a licensed chemical dependency treatment program
Remain violation-free during the interlock period
Violations, such as blowing over 0.02 BAC or committing another alcohol-related offense, can restart the required interlock period, delaying full license reinstatement.
Long-Term Consequences of a DWI Record
Even years later, a DWI can create lasting challenges. Some of the most common include:
Employment Issues
Many employers run criminal background checks. A DWI may raise concerns for positions involving:
Driving
Government work
Professional licensing
Insurance Costs
Insurance companies often classify drivers with DWIs as high risk, which can cause:
Premium increases
Limited coverage options
Mandatory SR-22 filings
Professional Licensing
Some professions require disclosure of criminal convictions, including, but not limited to healthcare, law, finance, and real estate. Having a DWI on your record may trigger licensing reviews or disciplinary actions.
The Importance of Fighting a DWI Charge Early
Because a DWI can stay on your record permanently, what happens early in the case matters a lot.
A skilled defense attorney may be able to:
Challenge the legality of the traffic stop
Question the accuracy of breath or blood tests
Identify procedural errors in the investigation
Negotiate reduced charges
In some situations, charges can be dismissed or reduced, which can significantly limit long-term consequences. Even when dismissal isn’t possible, strategic defense can sometimes prevent harsher penalties or felony escalation.
Speak With a Minnesota DWI Defense Lawyer Today
If you’re facing a DWI charge, understanding how long a DWI stays on your record is just the beginning. What happens next can affect your license, criminal record, employment opportunities, and future charges for years to come.
The good news is that you don’t have to navigate the process alone.
At Lushanko Law, we focus on defending people accused of impaired driving throughout Minneapolis and the surrounding communities. Our team understands how stressful these situations can be, and we work aggressively to protect your rights and minimize the long-term impact on your life.
If you or a loved one has been arrested for a DWI, the best step you can take right now is to get experienced legal guidance as soon as possible.
Contact Lushanko Law today to schedule a free consultation and discuss your case with a Minneapolis criminal defense attorney. We’re here to answer your questions, explain your options, and help you move forward.
