Minn. Stat. » CHAPTER 169A. DRIVING WHILE IMPAIRED
Minnesota Statutes

Minn. Stat. § 169A.09 (2026)

Determining Qualified Prior Dwi Incidents

✓ current as of May 2026
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Prior impaired driving convictions and prior impaired driving-related losses of license must arise out of a separate course of conduct to be considered as multiple qualified prior impaired driving incidents under this chapter. When a person has a prior impaired driving conviction and a prior impaired driving-related loss of license based on the same course of conduct, either the conviction or the loss of license may be considered a qualified prior impaired driving incident, but not both.

Notes of Decisions
Cited in 6 cases, 2004–2018 · leading case: State of Minnesota v. Tarah Louise Fichtner, 867 N.W.2d 242 (Minn. Ct. App. 2015).
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State of Minnesota v. Tarah Louise Fichtner, 867 N.W.2d 242 (Minn. Ct. App. 2015). · cites it 8× “” Minn.Stat. § 169A.09 (2012). The statute contains no provision concerning whether multiple children in the vehicle may be counted as multiple aggravating factors under section 169A.”
Johnson v. State, 916 N.W.2d 674 (Minn. 2018). · cites it 2× “See Minn. Stat. §§ 169A.09, 169A.24 (2010) ; see also Minn.”
State v. Zeimet, 696 N.W.2d 791 (Minn. 2005). “§ 169A.09 (2004). Under the sentencing guidelines, civil prior impaired driving-related losses of license may not be considered in the computation of the criminal history score.”
State v. Defatte, 921 N.W.2d 556 (Minn. Ct. App. 2018). · cites it 6× “The state opposed respondent's motion and cited to another felony enhancement *559 statute for support, Minn. Stat. § 169A.09 (2016). The driving-while-impaired (DWI) statute expressly requires that "[p]rior impaired driving convictions .”
State v. Miller, 689 N.W.2d 177 (Minn. Ct. App. 2004). · cites it 4× “” Minn.Stat. § 169A.09 (2002). Appellant argues that the enhancement provision does not apply to him, because only the conviction date for the oldest offense, not the offense or license revocation dates, took place within ten years of his most recent violation.”
State of Minnesota v. Joseph Wayne Hexom (Minn. Ct. App. 2015). · cites it 2× “See Minn. Stat. §§ 169A.09, .095, .25 (2012) (describing how qualified prior DWI incidents may be used to enhance DWI charges).”
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