Driving Under the Influence Penalty – DUI First Offense Mandatory Minimum Penalty: A person convicted of a DUI First Offense (with no aggravating factor) is not required by law to serve any jail time. It is likely that the court will sentence an individual convicted of a DUI first offense to probation for two years and require the individual to submit to a chemical evaluation and follow the recommendations of that evaluation. It is also common that a first-time offender be sentenced to some form of community service or STS (sentence to service). Also, more and more judges are now requiring the convicted person to serve up to 10 days in jail even on a first time offense.

A DUI First Offense can be charged as a gross misdemeanor with much more serious consequences. Driving Under the Influence Penalty – Gross Misdemeanor DUI First Offense (With one aggravating factor): MN DWI Law Statute 169A.20 requires a person charged with Gross Misdemeanor DUI First Offense (with one aggravating factor, i.e., a BAC over .16) to be placed on intensive alcohol monitoring while the case is pending unless the person posts bail in the amount of $12,000. It is not uncommon for a court to require chemical dependency treatment where a person’s blood alcohol content exceeds .16.