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3 common questions after a first DUI in Minnesota

On Behalf of | Oct 16, 2026 | Criminal Defense

A traffic stop on the way home can change your week in an instant. Most individuals pulled over for a first offense have never interacted with the criminal court system before. You likely left the police station with a stack of papers and immediate concerns about your future. Here are answers to common questions after an arrest.

Will I lose my driver license immediately?

Your physical driver license is confiscated during booking, but your driving privileges do not end instantly. Law enforcement issues a temporary license valid for 14 days following a breath test failure, or seven days if testing was conducted via a blood or urine test under a search warrant.

Administrative license revocation begins after that initial temporary permit period. Under state law current as of October 2026, a first offense with a blood alcohol concentration under 0.16 carries a standard 90-day administrative revocation. However, if you plead guilty to a misdemeanor offense, the revocation period drops to 30 days.

Drivers may apply for a limited license to commute to work after a mandatory 15-day waiting period. Another option is to install an ignition interlock device to maintain full driving privileges during revocation.

Will I go to jail for a first offense?

A standard first DUI without aggravating factors is charged as a fourth-degree misdemeanor. State law allows maximum penalties up to 90 days in jail and a $1,000 fine. First-time offenders rarely serve maximum jail terms unless aggravating circumstances exist, such as:

  • A blood alcohol concentration of 0.16 or higher
  • Refusing to submit to a lawful chemical breath test
  • Having a child under 16 years old in the vehicle

These aggravating factors elevate the charge to a gross misdemeanor, which increases potential jail time to 12 months and fines to $3,000.

Will everyone know about my arrest?

DUI arrests are public record, but administrative license plate impoundment—which triggers special registration plates—does not automatically apply to every first-time charge. Plate impoundment for a first offense is triggered if your test result measures 0.16 or higher, if a child under 16 was in the vehicle, or if you refused chemical testing.

Protecting your rights after an arrest

Deadlines to challenge a license revocation move quickly in state courts. Speaking with a local defense attorney helps you evaluate the evidence and choose the best path forward.