The words you'll hear in the first 48 hours: a plain-English glossary of Minnesota criminal and DWI terms

Aggravating factor: One of three facts that raise the degree of a DWI: a qualified prior within ten years, an alcohol concentration of 0.16 or more, or a child under 16 in the car (§ 169A.03, subd. 3). Degrees and penalties →
Alcohol concentration: Grams of alcohol per 100 mL of blood, per 210 L of breath, or per 67 mL of urine (§ 169A.03, subd. 2). The per se limit is 0.08; 0.04 for commercial drivers (§ 169A.20, subd. 1).
Bail vs. bond: Bail is the amount the court sets for release. A bond is a bail agent's promise to pay it, sold to you for a non-refundable fee. Bail and the first appearance →
B-card: A restricted driver's licence issued under § 171.09 with a "no alcohol" condition — any use of alcohol, driving or not, cancels it. Common after multiple DWI revocations.
Conditional release: Release from custody on conditions the judge sets at the first appearance — no alcohol, no driving, no contact, random testing, electronic monitoring — instead of or alongside bail.
DataMaster (DMT): The evidentiary breath-test instrument used at the station. Different from the roadside preliminary breath test (PBT), whose result is generally not admissible to prove concentration.
Expungement: Sealing a criminal record under Minn. Stat. ch. 609A so it no longer appears in most background checks. Eligibility and waiting periods depend on the offense and the outcome; the 2023 Clean Slate Act made some sealing automatic.
Felony / gross misdemeanor / misdemeanor: Felony: more than a year in prison is possible. Gross misdemeanor: up to 364 days and $3,000 (§ 609.03). Misdemeanor: up to 90 days and $1,000 (§ 609.02, subd. 3).
First appearance (Rule 5): The hearing, within 36 hours of arrest excluding the day of arrest, Sundays and holidays, at which the charge is read, rights are explained, and release conditions are set (Minn. R. Crim. P. 4.02, 5).
Ignition interlock: A breath-testing device wired to the ignition; the program under § 171.306 that lets a revoked driver keep driving on a restricted licence. Required for repeat incidents (§ 171.178).
Implied consent: Minnesota's rule that by driving you have consented to a breath test if arrested for DWI (§ 169A.51). The advisory the officer reads is where your limited right to call an attorney comes from. Your right to a lawyer before the test →
Implied consent hearing: The civil court review of a licence revocation — separate from the criminal case — which you must request within 60 days of the notice (§ 169A.53, subd. 2).
Lookback (10 years vs. 20 years): Two different clocks. Criminal degree counts priors within ten years (§ 169A.03, subd. 3). Licence consequences count priors within twenty years since August 1, 2025 (§ 171.178).
Omnibus hearing (Rule 11): The pretrial hearing in a felony or gross misdemeanor case where the defence raises suppression and probable-cause challenges — often where a DWI case is won or lost.
Plate impoundment / whiskey plates: Impoundment of the plates on every vehicle the offender owns after a qualifying DWI (§ 169A.60); the special series plates issued in the meantime are the "whiskey plates." Whiskey plates and forfeiture →
Qualified prior impaired driving incident: A prior DWI conviction or a prior impaired-driving-related loss of licence — either one counts (§ 169A.03, subd. 22). A revocation with no conviction is still a prior.
Stay of adjudication / stay of imposition: Sentencing outcomes that hold a conviction or sentence in abeyance while the defendant completes probation. The difference matters enormously for the record; ask the attorney which is on the table.
Test refusal: Declining a breath test, or a blood or urine test required by a warrant — a crime in itself under § 169A.20, subd. 2, and a licence revocation of at least a year. Refusing the test →
Vehicle forfeiture: Seizure of the vehicle after a first-degree DWI or a third incident in ten years (§ 169A.63), with a 60-day window to demand a hearing.

Sources

Checked against the sources above on 2026-09-04. This is general information about Minnesota law, not legal advice, and it can't account for your situation. Laws change — several of these did on August 1, 2025. Talk to an attorney.

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