St. Paul, MN, DWI/DUI Defense Lawyer
Last updated on March 19, 2026
Arrested for DWI in Minnesota? This can be a life-altering experience. The consequences of a conviction can affect your driving privileges, career, relationships, and overall well-being.
As a seasoned MN DWI defense attorney with more than 25 years of experience and a proven track record of success, I, Charles Gerlach, provide personalized and aggressive representation to individuals facing drunk driving charges. As a former prosecutor, I possess a deep understanding of the strategies employed by the state to build a case against you.
I provide compassionate and results-driven advocacy, treating you like a friend while fiercely protecting your rights. If you’re ready to fight DW/DUI charges in the Twin Cities or greater Minnesota, don’t hesitate to reach out to my St. Paul office for a free consultation. Take the first step towards reclaiming your future.
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What Happens During A DWI Stop In Minnesota?
When police pull you over, they’ll likely ask you to perform field sobriety tests. These tests are voluntary, though officers rarely mention this fact. If you participate, they observe every movement for signs of impairment.
They may request a preliminary breath test, which isn’t admissible in court but helps determine impairment. Then comes the request for a chemical test under Minnesota’s implied consent law.
I work with a former law enforcement officer who knows the ins and outs of DWI stops, field sobriety tests and implied consent procedures. They can review your case file to spot ways to challenge the evidence against you.
I also have experience representing minors charged with drunk driving. These cases are multi-faceted and the impact on the minor can be extreme. Under Minnesota Statutes § 169A.33, drivers under 21 are held to a zero-tolerance standard. This means that even a small amount of alcohol in an underage driver’s system can result in a DWI charge.
Minnesota DWI Laws And Penalties
Minnesota’s legal alcohol limit is 0.08, but you can be arrested at lower levels if the officer believes you’re impaired. By operating a vehicle in Minnesota, you’ve given implied consent for the state to collect a breath, blood or urine sample. Refusing this test can result in automatic license revocation for one year and additional criminal charges.
DWI/DUI offenses in Minnesota fall into four categories:
- Fourth-degree: Standard first-time offense with no aggravating factors
- Third-degree: DWI plus one aggravating factor
- Second-degree: DWI plus two or more aggravating factors
- First-degree: Fourth or subsequent DWI (felony)
I understand these complex laws and will develop a strategy tailored to the specific category of your charge to minimize the consequences of criminal charges.
License Revocation And Reinstatement
When arrested, you face immediate license revocation before any hearing occurs. You must file paperwork within 30 days to preserve your right to contest this civil penalty. I can help you obtain temporary driving privileges and reinstate your license as soon as possible.
The length of revocation varies based on your BAC level and prior offenses:
- First offense (BAC .08-.15%): 90-day revocation with limited license after 15 days
- First offense (BAC .16+ or test refusal): 1-year revocation with interlock device
- Second offense: 1 to 2-year revocation depending on BAC level
As your attorney, I’ll guide you through this complicated process and fight to restore your driving privileges as quickly as possible.
Plate Impoundment In DWI Cases
If you’re convicted of DWI in MN, you may face plate impoundment if you have prior DWI convictions, your BAC was 0.20% or higher, or a child under 16 was in your vehicle during the offense. When this happens, I can help you navigate the process of obtaining “whiskey plates” that allow you to drive legally while complying with restrictions.
FAQs About DWI Charges In Minnesota
What are the penalties or a first-time DWI offense in Minnesota?
A first-time offender typically faces potential jail time and license revocation for 30 days to a year, depending on impairment level. Fines can reach $1,000 and you may need to complete a chemical assessment and follow recommendations for treatment or education programs.
Can I still be charged with a DWI if I wasn’t actually driving my vehicle?
Yes. Minnesota law prohibits being in “physical control” of a vehicle while impaired. This means you can be charged if you’re in your car with keys accessible, even if parked. The law considers your ability to operate the vehicle, not whether you were driving.
What is the difference between a misdemeanor and felony DWI charge in Minnesota?
First through third DWI offenses are typically misdemeanors or gross misdemeanors with maximum penalties of up to one year in jail. A fourth offense within ten years becomes a felony, carrying potential prison sentences up to seven years and fines up to $14,000.
How long does a DWI conviction stay on my record in Minnesota?
A DWI conviction remains on your criminal record permanently unless expunged. For enhancement purposes (increasing penalties for subsequent offenses), DWIs count for ten years. This means prior convictions within that timeframe can elevate new charges to more serious levels.
What is Minnesota’s “look-back period” for prior DWI offenses?
Minnesota recently extended its look-back period from 10 to 20 years, meaning a DWI conviction from up to two decades ago can now be used to enhance your current charge and increase your penalties. This change took effect in May 2025 and has significant implications for anyone with an older DWI on their record. If you have a prior conviction you believed was too old to matter, discuss it with an attorney before assuming it won’t affect your case.
What are the aggravating factors that can elevate a DWI charge in Minnesota?
Minnesota law identifies specific circumstances that increase the severity of a DWI charge: a BAC of 0.16% or higher, a prior DWI conviction or revocation within the look-back period, a child under 16 in the vehicle, and test refusal. Each aggravating factor can move your charge to a higher degree with harsher penalties. Multiple aggravating factors in a single incident can result in a first-degree felony charge.
Can I be charged with DWI for drugs, not alcohol?
Yes. Minnesota’s DWI law applies to any substance that impairs your ability to drive – including prescription medications, marijuana, and illegal drugs. A controlled substance does not need to be used illegally for you to be charged. If an officer believes your driving is impaired by any substance, you can be arrested. Blood or urine testing is typically used in drug-related DWI cases rather than a breathalyzer.
What happens if I refuse the chemical test in Minnesota?
Refusing a breath, blood, or urine test carries serious consequences separate from any criminal DWI charge. Under Minnesota’s implied consent law, refusal results in an automatic license revocation of at least one year – longer than many test-failure revocations – and refusal itself is a criminal offense. The circumstances of your stop and arrest may affect how that choice plays out, so speaking with an attorney immediately after an arrest is critical.
Can my vehicle be forfeited after a DWI in Minnesota?
Vehicle forfeiture is possible when a vehicle is used in connection with a second-degree DWI or higher. The state may seek to keep and sell your vehicle even before a conviction. You have the right to challenge a forfeiture, but strict deadlines apply. Charles Gerlach can help you fight both the criminal charge and any related forfeiture action simultaneously.
What is an ignition interlock device, and will I be required to use one?
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that requires a clean breath sample before the engine will start. Minnesota requires IID installation for certain offenders – particularly those with high BAC readings, test refusals, or prior convictions – as a condition of license reinstatement. Participation in the IID program can allow you to drive legally during a revocation period. Failure to comply results in additional penalties.
How does a DWI affect my car insurance in Minnesota?
A DWI conviction typically causes significant insurance premium increases – often doubling or tripling your rate. Most drivers are also required to carry SR-22 insurance for several years following a conviction. These increased costs can easily exceed the fines and court fees associated with the charge itself, making the total financial impact far greater than most people anticipate.
What is a chemical assessment, and will I have to complete one?
Following a DWI charge or conviction, you will likely be required to complete a chemical use assessment conducted by a licensed evaluator. The assessment determines whether you have a substance use problem and recommends a level of treatment or education. You are generally required to follow through on those recommendations as a condition of resolving your case or reinstating your license.
Can a DWI be reduced to a lesser charge in Minnesota?
In some cases, yes. Depending on the facts – such as the legality of the traffic stop, testing equipment accuracy, or procedural errors – it may be possible to have charges reduced or dismissed. As a former prosecutor, Charles Gerlach understands exactly what the state needs to prove and where its case may be vulnerable. An early and thorough review of the evidence is the best way to identify your options.
How does a DWI affect a commercial driver’s license (CDL) in Minnesota?
CDL holders face a stricter standard – the legal BAC limit for commercial drivers operating a commercial vehicle is 0.04. A DWI conviction can result in a one-year CDL disqualification on a first offense and a lifetime disqualification on a second. Because a CDL is often tied directly to a person’s livelihood, the stakes are especially high for professional drivers.
Free Consultation: Get Help Now
If you’re looking for a local DWI lawyer, please contact Gerlach Law in St. Paul now at 952-952-9723 or via this online form for a free consultation. I’ll help you explore your options over a call, or I can meet you at your home if that’s more comfortable.
I’ll stand by your side through this difficult time, treating you like a friend while aggressively protecting your rights.