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DUI law in Minnesota
The criminal charge and your driving privileges are separate questions. Check both.
DUI law in Minnesota concerns both the criminal charge and the right to drive. The applicable licence process depends on the alleged conduct, test result or refusal, and the notice or court order. A criminal court date is not a substitute for checking a separate licence deadline. The cited rules below identify what has been verified for this jurisdiction.
The two legal questions
The criminal charge and driving privileges can involve different proceedings. The notice, order and cited rule identify the applicable process.
Driving privileges
The licence case
- Forum
- The agency or court identified by the applicable licence proceeding
- Clock
- Check the applicable notice or order for the deadline and its starting event
- Deadline to request a hearing
- For court review of a Minnesota test-failure or test-refusal license revocation under §169A.52, the petition must be filed within 60 days following receipt of the notice and order. Written administrative review by the commissioner is a separate route available during the revocation period.
- The court-petition clock runs from receipt of the notice and order, not the arrest date. Administrative review does not replace the separate court-petition deadline.
- The commissioner’s 15-day period is for reporting the administrative-review result after receiving a request, not the driver’s filing deadline. The separate 60-day period after filing concerns the judicial hearing.
- Filing the court petition does not itself stay the revocation. If the hearing has not occurred within 60 days after filing, the reviewing court may order a stay of the remaining revocation on terms it considers proper.
- Suspension under the cited rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
- Hearing procedure under the cited rule
- Minnesota provides written administrative review by the commissioner and separate judicial review. A court-review petition is filed with the district court administrator in the county where the alleged offense occurred, with proof of service on the commissioner and the standard civil filing fee.
- For a §169A.52 revocation, the court petition is due within 60 days following receipt of the notice and order. It must identify the petitioner and commissioner and state specific grounds for rescission, along with the identifying information required by §169A.53, subdivision 2.
- Administrative review may be requested in writing during the revocation period. It is not a contested-case hearing and does not replace judicial review.
- The judicial hearing is civil and separate from the criminal prosecution, although it may be held with criminal pretrial motions. Filing does not automatically stay the revocation; the conditional court-ordered stay in subdivision 2(c) is distinct.
Criminal charge
The criminal case
- Forum
- A criminal court
- Clock
- Check court notices and orders; no case duration is predicted here
- Alcohol-concentration threshold
- 0.08% or more at the time of driving, or as measured within two hours.
- Impairment-based offenses can apply independently of this alcohol-concentration threshold.
- First-offense penalty rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.The cited rule may describe a range or a minimum with conditions, not a predicted sentence.
- Lookback period
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Alcohol-concentration thresholds in Minnesota
The cited provision controls the threshold’s scope. Underage and commercial rules can concern licensing as well as criminal liability; they are not all the same offense.
- Standard drivers
- 0.08% or more at the time of driving, or as measured within two hours.
- Impairment-based offenses can apply independently of this alcohol-concentration threshold.
- Operating a commercial motor vehicle
- 0.04% or more while operating a commercial motor vehicle, at the time of driving or as measured within two hours.
- Under-21 rule
- Not published yet. We show a figure only once it has been confirmed against the official source and dated.
Minnesota in detail
8 further Minnesota topics — interlock, hardship licences, drug DUI, felony DUI, underage, commercial drivers, checkpoints and record relief — are part of the approved taxonomy and are not built yet.