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

Minn. Stat. § 169A.27 (2026)

Fourth-Degree Driving While Impaired

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

A person who violates section 169A.20, subdivision 1 (driving while impaired crime), is guilty of fourth-degree driving while impaired.

Subd. 2.Criminal penalty.

Fourth-degree driving while impaired is a misdemeanor.

Notes of Decisions
Cited in 15 cases (1 in the last 5 years), 2003–2024 · leading case: State v. Boecker, 893 N.W.2d 348 (Minn. 2017).
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State v. Boecker, 893 N.W.2d 348 (Minn. 2017). · cites it 4× “Minn. Stat. § 169A.27 (2016). To determine whether Boecker’s plea was supported by an accurate factual basis, we must interpret the first-degree DWI statute, section 169A.”
State v. Melde, 725 N.W.2d 99 (Minn. 2006). · cites it 4× “1(1), and Minn.Stat. § 169A.27 (2004). The district court granted Myers’ motion to dismiss the test-refusal charge, concluding that the implied consent advisory violated his due process rights because it did not inform Myers that a test refusal is a gross misdemeanor that may…”
State of Minnesota v. Gregory Allen Olson, 887 N.W.2d 692 (Minn. Ct. App. 2016). · cites it 2× “Minn.Stat. §§ 169A.27, subd. 2, 609.03(3) (2014).”
State v. Myers, 711 N.W.2d 113 (Minn. Ct. App. 2006). · cites it 4× “1(1) (2004), and Minn.Stat. § 169A.27 (2004). Respondent moved to dismiss the test-refusal charge, arguing that the implied-consent advisory violated his due-process rights.”
State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016). “01(1)(1)(a), and classifies a first offense as a misdemeanor, Minn. Stat. § 169A.27, punishable by up to ninety days in prison, Minn.”
State v. Rosenbush, 931 N.W.2d 91 (Minn. 2019). · cites it 2× “26 (2018) (making refusal *99 to submit to a chemical test a gross misdemeanor if no aggravating factors are present); Minn. Stat. § 169A.27 (2018) (making driving while impaired a misdemeanor if no aggravating factors are present).”
State v. Williams, 664 N.W.2d 432 (Minn. Ct. App. 2003). · cites it 2× “The state charged Williams with third-degree driving while impaired, in violation of Minn.Stat. § 169A.27 (2000); fleeing a peace officer in a motor vehicle, in violation of Minn.”
State v. Bradley, 756 N.W.2d 129 (Minn. Ct. App. 2008). · cites it 2× “1(1), (5) (2006), and Minn.Stat. § 169A.27 (2006) and the petty misdemeanor of possession of drug paraphernalia in violation of Minn.”
State v. Netland, 742 N.W.2d 207 (Minn. Ct. App. 2007). · cites it 2× “Minn. Stat. §§ 169A.27, 169A.26, subd. 1(b) (no aggravating factors: fourth-degree impaired driving, third-degree test refusal), 169A.”
State v. Polsfuss, 720 N.W.2d 1 (Minn. Ct. App. 2006). · cites it 2× “Appellant was charged with fourth-degree DWI in violation of Minn.Stat. § 169A.27 (2004) and Minn. Stat.”
State of Minnesota v. Tarah Louise Fichtner, 867 N.W.2d 242 (Minn. Ct. App. 2015). · cites it 2× “Although this was appellant’s first DWI charge, ordinarily a fourth-degree DWI, compare Minn. Stat. § 169A.27 (2012) with §§ 169A.”
State of Minnesota v. Alec Evert Adolfson (Minn. Ct. App. 2017). · cites it 2× “Minn. Stat. § 169A.27, subd. 2 (2014). On the felony count of fifth-degree possession of a controlled substance, Minn.”
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