DUI or DWI? Understanding the Terminology in Minnesota
When it comes to impaired driving charges in Minnesota, the terms “DUI” and “DWI” are often used interchangeably. However, many people are surprised to learn that Minnesota law only formally uses one of these terms—and the legal distinctions matter.
At Martine Law, we’ve helped countless clients navigate complex driving while impaired cases. This guide explains the key differences between DUI and DWI in Minnesota, how the state defines and prosecutes these offenses, and what it means for your legal defense.
What Do DUI and DWI Stand For?
Both acronyms refer to operating a vehicle while impaired by drugs or alcohol, but they emphasize different aspects:
- DUI: Driving Under the Influence
- DWI: Driving While Impaired (or Intoxicated)
Many states use both terms to describe levels of impaired driving. For example, a DUI may refer to a lower-level offense, and a DWI may be the more serious charge.
In Minnesota, however, the correct legal term is DWI, and the law treats all forms of impaired driving—whether from alcohol, drugs, or both—under this umbrella.
Minnesota’s Legal Terminology: It’s DWI
Under Minnesota Statute § 169A.20, the official offense is Driving While Impaired (DWI). The statute outlines multiple ways a person can be charged with DWI:
- Driving with a blood alcohol concentration (BAC) of 0.08% or higher
- Driving while under the influence of alcohol
- Driving while under the influence of controlled substances, including prescription medications or illegal drugs
- Driving while under the influence of a combination of substances
So, while people may casually refer to a DUI in conversation, the law—and all court documents—will reflect a DWI charge.
Why Do People Still Use “DUI” in Minnesota?
Despite “DWI” being the only official charge in Minnesota, many people still say “DUI” out of habit or from exposure to media and legal terminology in other states.
Even some police officers and attorneys may use the two terms interchangeably when speaking informally. But for legal purposes in Minnesota, DUI and DWI refer to the same charge.
Still, the terms can lead to confusion—especially for people who’ve moved from out of state or are trying to research legal options. If you’re facing charges, it’s important to understand exactly what you’re being accused of and how Minnesota law classifies it.
The Core Elements of a DWI Charge in Minnesota
Whether you’re stopped for weaving on the road or arrested at a checkpoint, Minnesota prosecutors must prove that you:
- Operated or were in physical control of a motor vehicle
- Were under the influence of alcohol, drugs, or a combination
- Or had a BAC of .08% or higher within 2 hours of driving
This means that even if your BAC is below .08%, you can still be charged with DWI if your driving was impaired.
Minnesota also imposes stricter BAC limits for:
- Commercial drivers (0.04%)
- Drivers under 21 (zero tolerance)
- Repeat offenders (subject to lower thresholds)
You can view BAC-related laws at the Minnesota Office of Traffic Safety.
Penalties for a DWI in Minnesota
Whether you call it a DUI or DWI, the penalties can be severe. Consequences depend on factors like your BAC, prior offenses, and whether anyone was injured.
First-Time DWI:
- Misdemeanor charge
- Up to 90 days in jail
- Up to $1,000 fine
- 90-day license suspension (or more)
- Possible ignition interlock installation
Second DWI (within 10 years):
- Gross misdemeanor
- Up to 1 year in jail
- Up to $3,000 fine
- License suspension for 1 year
- Mandatory treatment or education program
For more details, see the Minnesota DWI Sanctions Chart (PDF).
Does Impairment Include Prescription Medications?
Yes. Minnesota’s DWI law includes impairment from legal prescription drugs, including those that can cause drowsiness, dizziness, or delayed reaction times.
You may be charged with DWI even if you took your medication as prescribed—especially if it affected your ability to safely operate a vehicle.
If you’re unsure whether a medication could impair your driving, speak with a doctor and avoid driving until you’re confident in your ability to remain alert and safe behind the wheel.
What About Controlled Substances and Marijuana?
Minnesota enforces a zero-tolerance policy for driving with any amount of a Schedule I or II controlled substance (except marijuana) in your system.
For marijuana, prosecutors must prove that the driver was impaired while driving, since trace THC may remain in the body long after use.
Recent changes to marijuana legalization may affect how these cases are handled. Stay up-to-date through reliable resources like the Minnesota Board of Pharmacy.
Administrative vs. Criminal Penalties
DWI charges in Minnesota trigger two parallel legal processes:
- Criminal court, where fines, jail time, and a criminal record are at stake
- Administrative penalties, handled by the DMV, which involve:
- Immediate license revocation
- Possible vehicle forfeiture
- Mandatory ignition interlock in some cases
If you don’t challenge your administrative penalties within 30 days, your license suspension will go into effect even if your criminal case is pending.
Learn more at the Minnesota Driver and Vehicle Services – DWI Info.
Defending Against a DWI Charge
Whether it’s your first offense or not, it’s important to understand your legal rights. At Martine Law, we build strong defense strategies to help you:
- Challenge the legality of the traffic stop
- Question field sobriety or breath test accuracy
- Explore plea deals or treatment alternatives
- Seek reduced penalties or dismissal
Our team knows how to navigate the complex Minnesota DWI system and defend your future. Contact us today for a confidential consultation.
Final Thoughts: DWI Is the Correct Term in Minnesota
While many still say “DUI,” Minnesota officially charges all impaired driving cases as DWI. Whether the impairment comes from alcohol, drugs, or medications, the consequences are serious and long-lasting.
If you or someone you know is facing a DWI charge, don’t go it alone. At Martine Law, we’re here to help you make sense of the system, protect your rights, and fight for the best possible outcome.
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