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

Minn. Stat. § 169A.25 (2026)

Second-Degree Driving While Impaired

✓ current as of May 2026
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Subdivision 1.Degree described.

(a) A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of second-degree driving while impaired if two or more aggravating factors were present when the violation was committed.

(b) A person who violates section 169A.20, subdivision 2 (refusal to submit to chemical test crime), is guilty of second-degree driving while impaired if one aggravating factor was present when the violation was committed.

Subd. 2.Criminal penalty.

Second-degree driving while impaired is a gross misdemeanor. The mandatory penalties described in section 169A.275 and the long-term monitoring described in section 169A.277 may be applicable.

Notes of Decisions
Cited in 34 cases (2 in the last 5 years), 2001–2026 · leading case: State v. Kuhlmann, 806 N.W.2d 844 (Minn. 2011).
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State v. Kuhlmann, 806 N.W.2d 844 (Minn. 2011). · cites it 7× “4 (2010), and one count of test refusal, in violation of Minn.Stat. § 169A.25, subd. 1(b) (2010). On appeal, Kuhlmann argues that the trial court committed reversible error when it accepted a stipulation on elements of the charged offenses without advising him of his right to a…”
Laase v. 2007 Chevrolet Tahoe, 776 N.W.2d 431 (Minn. 2009). · cites it 4× “Minn.Stat. § 169A.25, subd. 1(a) (2008) ("A person who violates section 160A.”
State v. Lemmer, 736 N.W.2d 650 (Minn. 2007). · cites it 4× “, Minn. Stat. §§ 169A.25, 169A.26 (elevating severity of DWI offenses to a gross misdemeanor if the offender had a prior license revocation within the past ten years), 169A.”
Miller v. One 2001 Pontiac Aztek, 669 N.W.2d 893 (Minn. 2003). · cites it 4× “§ 169A.25, subd. 1 (2000) 1 . Aggravating factors include a second DWI conviction within a 10-year span and with a BAC higher than .”
State v. Melde, 725 N.W.2d 99 (Minn. 2006). · cites it 2× “2 (2004), and Minn.Stat. § 169A.25 (2004), and with gross-misdemeanor third-degree DWI for driving while impaired, in violation of Minn.”
State v. Coleman, 661 N.W.2d 296 (Minn. Ct. App. 2003). · cites it 4× “After the July 2001 stop, Coleman was convicted of first-degree driving while impaired under Minn.Stat. § 169A.25 (2000). This appeal follows.”
Heino v. One 2003 Cadillac, MN License No. KFR615, VIN: 1G6KS54Y83U131208, 762 N.W.2d 257 (Minn. Ct. App. 2009). · cites it 10× “Second-degree DWI in violation of Minn.Stat. § 169A.25 is one such designated offense.”
State v. Hunn, 911 N.W.2d 816 (Minn. 2018). · cites it 2× “See Minn. Stat. § 169A.25, subd. 1(b) (2016) ; Minn.”
State v. Wiltgen, 737 N.W.2d 561 (Minn. 2007). · cites it 2× “Minn.Stat. § 169A.25 (2006). Under Minn.Stat.”
State v. Mellett, 642 N.W.2d 779 (Minn. Ct. App. 2002). · cites it 2× “Because appellant was charged with first-degree DWI and first-degree refusal-to-submit, the state had the burden of proving two aggravating factors pursuant to Minn.Stat. § 169A.25, subd. 1. See Minn.Stat.”
State v. Victorsen, 627 N.W.2d 655 (Minn. Ct. App. 2001). · cites it 2× “28 (providing for mandatory consecutive sentences if the person has prior license revocations), 31 (2000) (elevating severity of alcohol-related bus driving offenses to a gross misdemeanor if the offender had a prior license revocation within the past ten years).”
State v. Loeffel, 749 N.W.2d 115 (Minn. Ct. App. 2008). · cites it 4× “After appellant Robert Loeffel was charged with second-degree driving while impaired (DWI) under Minn.Stat. § 169A.25 (2006), he challenged the district court’s ruling allowing the enhanced charge based on a prior 2002 civil license revocation in Wisconsin.”
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