If you are wondering what is an OWI charge and how it compares to a DWI in Minnesota, the short answer is that Minnesota does not use the term OWI in its criminal statutes. In Minnesota, the official charge for impaired driving is called DWI, which stands for Driving While Impaired. The term OWI, meaning Operating While Intoxicated, is used in some other states, but in Minnesota the correct legal term is DWI.
Understanding the difference matters, especially if you are searching for information online and seeing both terms used. Below is a clear explanation of how Minnesota handles impaired driving charges and how OWI and DWI compare.
- Minnesota uses DWI, not OWI: The state’s statutes refer to impaired driving as DWI.
- OWI is used in other states: Some states, such as Wisconsin and Iowa, use the term OWI instead of DWI.
- The conduct is similar: Both terms generally refer to operating a vehicle while under the influence of alcohol or drugs.
- Penalties depend on circumstances: Prior offenses, alcohol level, and other factors affect the severity of the charge.
What Is a DWI in Minnesota?
In Minnesota, impaired driving is governed by Minnesota Statute § 169A.20. Under this law, a person can be charged with DWI if they:
- Drive, operate, or are in physical control of a motor vehicle
- While under the influence of alcohol, a controlled substance, or a combination of both
- Or have a blood alcohol concentration (BAC) of 0.08 or higher within two hours of driving
Minnesota also applies stricter standards in certain situations:
- Commercial drivers: A BAC of 0.04 or higher can trigger a DWI.
- Drivers under age 21: Minnesota has a “zero tolerance” law, meaning any measurable amount of alcohol can result in penalties under separate underage drinking and driving laws.
The law covers more than just alcohol. A person can also be charged with DWI if impaired by prescription medication, illegal drugs, or even certain over-the-counter substances if they affect driving ability.
Why Do Some People Say OWI Instead of DWI?
The term OWI stands for Operating While Intoxicated. States such as Wisconsin and Iowa use OWI as their official legal term for impaired driving. In everyday conversation, people sometimes use OWI and DWI interchangeably, even in Minnesota.
However, under Minnesota law, the official charge is DWI. If someone is arrested for impaired driving in Minnesota, the criminal complaint will list DWI, not OWI.
The difference is mostly about terminology, not the underlying behavior. Both terms describe operating a vehicle while impaired.
What Does “Physical Control” Mean?
One area where Minnesota law can surprise people is the concept of “physical control.” A person does not necessarily have to be actively driving to be charged with DWI.
Under Minnesota law, a person can be considered in physical control of a vehicle if they:
- Are inside the vehicle
- Have access to the keys
- Are in a position to operate the vehicle
For example, sitting in the driver’s seat with the keys in your possession while intoxicated could potentially lead to a DWI charge, even if the vehicle is not moving. Courts look at the total circumstances to determine whether someone had the ability to operate the vehicle.
Levels of DWI in Minnesota
Minnesota classifies DWI offenses into four degrees, depending on aggravating factors.
Fourth-Degree DWI (Misdemeanor)
A first-time DWI with no aggravating factors is typically charged as a misdemeanor. The maximum penalties include:
- Up to 90 days in jail
- A fine of up to $1,000
- License revocation
Third-Degree DWI (Gross Misdemeanor)
A DWI becomes third-degree if there is one aggravating factor, such as:
- A prior DWI within the past 10 years
- A BAC of 0.16 or higher
- A child under age 16 in the vehicle
Third-degree DWI is a gross misdemeanor and carries higher penalties.
Second-Degree DWI (Gross Misdemeanor)
Second-degree DWI applies when there are two or more aggravating factors. Penalties increase accordingly and often include longer license revocation periods and possible ignition interlock requirements.
First-Degree DWI (Felony)
First-degree DWI is a felony. It generally applies when:
- A person has three or more prior DWI-related incidents within 10 years
- Or has a prior felony DWI conviction
Felony DWI carries the possibility of prison time, substantial fines, and long-term license consequences.
4 Administrative Consequences Separate From Criminal Charges
In Minnesota, DWI cases involve both criminal charges and administrative penalties through the Department of Public Safety.
After an arrest, a driver may face:
- Immediate license revocation
- Vehicle plate impoundment
- Vehicle forfeiture in certain cases
- Ignition interlock requirements
These consequences can apply even before the criminal case is resolved. The length of revocation depends on factors such as prior offenses and BAC level.
How Chemical Testing Works
Minnesota has an implied consent law. By driving in Minnesota, drivers are considered to have consented to chemical testing if lawfully arrested for DWI.
This may include:
- Breath testing
- Blood testing
- Urine testing
Refusing a chemical test is a separate crime in Minnesota and can lead to additional penalties, including longer license revocation.
Is OWI Ever Used in Minnesota?
From a legal standpoint, no. Minnesota statutes do not use the term OWI. However, people moving from other states or searching online may see the term used informally.
If someone refers to an OWI in Minnesota, they are almost certainly describing a DWI offense under Minnesota law.
How DWI Affects Insurance and Records
A DWI conviction in Minnesota can lead to:
- Increased insurance premiums
- Requirement to file proof of insurance (often an SR22 certificate)
- A permanent criminal record
- Possible employment consequences
The long-term impact depends on the severity of the charge and the outcome of the case.
What to Do If You Are Charged
If you are charged with DWI in Minnesota, the process typically includes:
- An initial court appearance
- Pretrial hearings
- Possible plea negotiations
- Trial, if no agreement is reached
- Sentencing, if convicted
You also have a limited time to challenge the administrative license revocation through an implied consent hearing.
Understanding your rights and deadlines is important because missing a filing deadline can limit your legal options.
Speak With a Criminal Defense Attorney
Although Minnesota does not use the term OWI, impaired driving charges under DWI laws can carry serious criminal and administrative consequences. Jail time, license revocation, ignition interlock requirements, and long-term record impacts are all possible outcomes.
The Law Offices of Josh Johnson focuses on criminal defense in Minnesota, including DWI cases. If you are facing a DWI charge and have questions about how the law applies to your situation, contact our office for a free consultation to review your case and discuss your legal options.
