Minnesota has four degrees of driving while impaired (DWI): 

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• First-degree DWI: The most serious offense, which is a felony

• Second-degree DWI: A gross misdemeanor that carries heavier penalties than a regular misdemeanor 

• Third-degree DWI: A gross misdemeanor ​

• Fourth-degree DWI: A misdemeanor that is often the first offense for a DWI 

 

The degree of DWI is based on aggravating factors, such as a previous DWI, a high blood alcohol content (BAC), or having a child in the car. The severity of the penalties increases with the degree of the DWI.