You just saw the flashing lights, answered the police officer’s questions, and now you are sitting at home with a stack of paperwork. Your heart is racing, and you are likely worried about your job, your family, and your driver’s license.
The most important thing to know right now is that the clock is ticking.
Minnesota’s DWI laws changed on August 1, 2025. These new rules are much stricter, especially for individuals with a prior mistake on their record. According to the Minnesota House of Representatives, the state has doubled the period it looks back on your driving history from 10 years to 20 years.
If you’re wondering what to do after a DUI arrest, the next steps you take can strongly affect your license and your case.
Get your case review from our experienced Minnesota Criminal Defense Attorneys today.
What Are Your Rights During a DWI/DUI Arrest?
It is normal to feel numb during a DWI/DUI arrest. You may have seen the officer touch your car’s truck or taillight. They do this to leave a fingerprint on your car’s safety and check that the vehicle is locked.
Under Minnesota Statute 169.905, you must provide your license and insurance, but you are not required to answer questions about your activities. You have a constitutional right to remain silent. Politely informing the officer that you will now answer questions without a lawyer preserves your right to remain silent.
Understanding Minnesota’s Legal Process
In Minnesota, an arrest triggers two separate cases:
- The Criminal Case: This concerns potential jail time and fines.
- The Civil Case: This is about your driver’s license and driving privileges
If you were arrested, the police would read you the Implied Consent Advisory. This notice is required by law. And also, you have a limited right to counsel, and using it is the most brilliant move you can make.
5 Steps to Take After a DUI/DWI Arrest
If you are wondering what the immediate step is to take after a DUI, follow this plan to stay ahead.
1. Respect the 60-Day Deadline
You only have 60 days from the day of your arrest to file a petition to challenge your license revocation. This is a “civil” matter separate from your criminal court date. According to the Minnesota Judicial Branch, if you miss the window, you lose your right to fight for your license forever, even if your criminal case is dismissed later.
2. Document Everything While It’s Fresh
Grab a notebook tonight. Your memory will fade, so write every detail now:
- Why did the officer pull you over?
- Did they read you the Implied Consent Advisory before the test?
- What time was your last drink vs the time of the test?
- Did they allow you to call a lawyer before the breathalyzer?
3. Retrieve Your Vehicle Immediately
If your car was towed, it is at an impound lot. Fees add up every single day. You will need proof of insurance, a valid driver’s license, and payment to retrieve it. If the state is trying to keep your car, you must file a Forfeiture Challenge within 60 days.
4. Enroll in the Ignition Interlock Program
As of August 1, 2025, the Ignition Interlock Program is mandatory for more drivers than ever. For many, your temporary license is now valid for 14 days. Use this time to get the device installed so you don’t lose the ability to drive to work.
5. Hire an Experienced Attorney
What to do after a DWI/DUI arrest starts with getting an attorney. Evidence such as squad-car video or body-cam footage is often deleted by police departments after 30 to 60 days. An attorney can send a preservation letter to make sure that evidence is saved for your defense.
DWI/DUI Fines VS What an Attorney Can Do
Penalty Type | Typical Minnesota Penalty (2025) | How an Attorney Can Help |
|---|---|---|
Criminal Fine | Fines can be up to $3,000 for some DWI convictions. | Try to reduce or suspend fines or replace them with community service. |
License Loss | Your license can be taken away for 90 days to 10 years, depending on your record. | Help you get a work permit or join the ignition interlock program faster so you can drive legally. |
Ignition Interlock | Required for most repeat offenders or high-level DWIs. | Guide you through quick enrollment and help shorten the time before full license reinstatement. |
These penalties can be serious, but when you understand them early and take the right step, you have a much better chance of limiting the impact on your license, record, and future.
Don’t Make These 3 Common Mistakes
In the days right after a DWI/DUI arrest, small choices can have significant consequences. These are mistakes people make most often, and they are almost always avoidable:
- Thinking you have to plead guilty: Just because the test said you were over the limit doesn’t mean the state’s case is perfect.
- Missing the 60-day deadline: This is the most common way people lose their license permanently.
- Talking to a prosecutor alone: Their job is to convict you. Our job is to protect you and your future.
Start Your Defense Today
One mistake should not define your life. Knowing the proper steps to take after DWI/DUI can make the difference between a clean record and a life-changing conviction. We understand the 2025 laws are ready to partner with you.
Schedule your call with our Minnesota Criminal Defense Attorneys for a confidential case review.
Frequently Asked Questions About DUI/DWI in Minnesota
Do you lose your license immediately after a DUI?
Not instantly. You receive a 14-day temporary license (increased from 7 days in 2025) to get your affairs in order. After two weeks, your license is revoked.
What is the sentence for a first-time DWI in Minnesota?
A standard first offense is a misdemeanor, carrying up to 90 days in jail and a $1,000 fine. If your BAC is 0.16 or higher, it is a gross misdemeanor punishable by up to 1 year in prison and a $3,000 fine. You also face a $680 reinstatement fee.
How to get a DWI dismissed in Minnesota?
Dismissals happen when a lawyer proves the police made legal errors. Common reasons include an unlawful traffic stop, faulty breathalyzer calibration, or the police denying your right to call an attorney. If a judge finds that the evidence was collected illegally, they can dismiss the entire case.
