§
Subdivision 1.Degree described.
A person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents;
(2) has previously been convicted of a felony under this section; or
(3) has previously been convicted of a felony under:
(i) Minnesota Statutes 2012, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6);
(ii) Minnesota Statutes 2006, section 609.21 (criminal vehicular homicide and injury, substance-related offenses), subdivision 1, clauses (2) to (6); subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) to (6); subdivision 3, clauses (2) to (6); or subdivision 4, clauses (2) to (6);
(iii) section 609.2112, subdivision 1, paragraph (a), clauses (2) to (6); 609.2113, subdivision 1, clauses (2) to (6), subdivision 2, clauses (2) to (6), or subdivision 3, clauses (2) to (6); or 609.2114, subdivision 1, paragraph (a), clauses (2) to (6), or subdivision 2, clauses (2) to (6); or
(iv) a statute from this state or another state in conformity with any provision listed in item (i), (ii), or (iii).
§
Subd. 2.Criminal penalty.
A person who commits first-degree driving while impaired is guilty of a felony and may be sentenced to imprisonment for not more than seven years, or to payment of a fine of not more than $14,000, or both. The person is subject to the mandatory penalties described in section 169A.276 (mandatory penalties; felony violations).
Notes of Decisions
Cited in
55
cases (
4 in the last 5 years), 2002–2025 · leading case:
State v. Boecker, 893 N.W.2d 348 (Minn. 2017).
State v. Boecker, 893 N.W.2d 348 (Minn. 2017).
· cites it 46× “See Minn. Stat. § 169A.24, subd. 1(3) (2016); Minn.”
State v. Wertheimer, 781 N.W.2d 158 (Minn. 2010).
· cites it 50× “Following Wertheimer’s May 12, 2007, arrest, the State charged him with first-degree DWI, a felony, on the assumption that his May 12, 2007, violation was “within ten years of’ his May 12, 1997, conviction as required by Minn.Stat. § 169A.24, subd. 1(1) (2008). The sole issue…”
State v. Zeimet, 696 N.W.2d 791 (Minn. 2005).
· cites it 9× “” Minn.Stat. § 169A.24 (2004). Qualified prior impaired driving incidents include both criminal impaired driving convictions and civil impaired driving-related losses of license.”
State v. Lemmer, 736 N.W.2d 650 (Minn. 2007).
· cites it 8× “22 (2006), an implied consent proceeding may provide the basis to increase a future driving while impaired offense to first-degree, which is a felony, see Minn.Stat. § 169A.24, subds. 1 and 2 (2006).”
State v. Kjeseth, 828 N.W.2d 480 (Minn. Ct. App. 2013).
· cites it 26× “Because the first-degree DWI statute, Minn.Stat. § 169A.24, defines as predicate offenses “a felony under this section,” therefore including both impaired-driving and test-refusal felony offenses, we hold that a prior felony conviction of test refusal can be used to enhance a…”
State v. Smith, 899 N.W.2d 120 (Minn. 2017).
· cites it 9× “” Minn. Stat. § 169A.24, subd. 1(1). The parties agree that Smith’s 2001 convictions of driving while impaired and having a blood-alcohol content of .”
State v. Retzlaff, 807 N.W.2d 437 (Minn. Ct. App. 2011).
· cites it 20× “See Minn.Stat. § 169A.24, subd. 1 (2008) (listing elements).”
State v. Allen, 706 N.W.2d 40 (Minn. 2005).
· cites it 4× “Minn.Stat. § 169A.24; Minn. Sent. Guidelines IV, V.”
State v. Busse, 644 N.W.2d 79 (Minn. 2002).
· cites it 4× “See Minn.Stat. § 169A.24 (Supp.2001) (prohibiting as a felony driving while impaired within ten years of the first of three or more qualified prior impaired driving incidents).”
State v. Holmes, 719 N.W.2d 904 (Minn. 2006).
· cites it 10× “Felony DWI under Minn.Stat. § 169A.24 is a severity level seven offense, see Minn.”
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