Facebook-f Twitter Instagram
Free Consultation
dui attorney

Minnesota DWI & DUI Defense Lawyer - Protect Your Rights Now

Charged with a DWI in Minnesota? Protect Your Rights Now.

Attorney Jay Carey is a seasoned Minnesota DWI and DUI defense lawyer fighting license revocations, whiskey plates, vehicle forfeiture, and criminal charges across Minneapolis, St. Paul, and the Twin Cities metro. Time is critical – you have just 60 days to act.

As an experienced DWI attorney in Minnesota and DUI defense lawyer near you, Jay Carey provides strategic legal representation to protect your license, your record, and your future.

Licensed Minnesota Attorney
Criminal & Civil DWI Defense
Free Initial Consultation

Free Consultation

100% confidential | Attorney-client privilege applies

Critical 60-Day Deadline — Don't Wait

Most Minnesota drivers have exactly 60 days from arrest to challenge license revocation, whiskey plates, and vehicle forfeiture. After that deadline, courts will dismiss your petition —even if you are innocent and criminal charges are later dropped. This deadline is enforced under Minnesota DWI laws administered by the Minnesota Department of Public Safety (DPS).

Understanding Your Case

Two Sides to Every Minnesota DWI Case

A Minnesota DWI arrest triggers two parallel legal processes – criminal charges and civil penalties – that must be handled simultaneously and on different timelines.
An experienced DUI defense lawyer in Minnesota understands how these two systems interact and how to challenge both effectively.

Criminal Side

The criminal case determines whether you are convicted of a crime and the severity of that conviction. Minnesota classifies DWI offenses as misdemeanors, gross misdemeanors, and felonies based on prior history and aggravating factors.
Minnesota’s DWI offenses include misdemeanor, gross misdemeanor, and felony-level charges depending on prior history and aggravating factors.
  • Court appearance and arraignment
  • Risk of jail time, fines, and probation
  • Criminal record that affects employment and travel
  • Enhanceable: prior DWIs within 10 years increase severity
  • Felony DWI enhancement lasts a lifetime

Civil Side - Act Within 60 Days

Civil penalties are imposed by the State immediately – before any finding of guilt. In many cases, the civil consequences are more burdensome than the criminal ones and arise from the very first day of arrest.
  • Driver's license revocation (immediate)
  • Whiskey plates (license plate impoundment)
  • Vehicle forfeiture
  • Must be challenged within 60 days or rights are lost
  • A civil revocation alone can enhance future DWI penalties

Who We Defend

Every DWI Situation is Unique - We Handle Them All

Whether this is your first DWI or you are facing a felony charge, Jay Carey tailors a defense strategy specific to your facts, history, and goals. Whether you need a DUI defense lawyer for a first-time offense or a felony DWI defense attorney in Minnesota, your case requires a tailored legal strategy.

01

First-Time DWI Offense

A first-time DWI in Minnesota is typically a misdemeanor, but the civil penalties hit immediately. License revocation, whiskey plates, and higher insurance rates all begin before any guilty verdict. Acting within 60 days is essential to protecting your record and your future.

02

Second & Third DWI Offense

A second DWI within 10 years is a gross misdemeanor with a mandatory minimum 30-day jail sentence and 2 years of ignition interlock. A third offense triggers a 90-day minimum and possible permanent vehicle forfeiture. These cases demand an experienced drunk driving attorney.

03

Felony DWI Defense

A fourth DWI within 10 years is a felony punishable by up to 7 years in prison. Felony DWI convictions carry lifelong enhancement consequences, any future DWI at any time will be treated as an enhanced offense. If you face felony DWI charges, you need a skilled DUI defense lawyer in Minnesota immediately – someone who understands both the criminal and civil sides of your case.

Minnesota DWI Penalties

DWI Offense Levels & Penalties at a Glance

Minnesota DWI is an enhanceable crime , each prior offense within 10 years escalates the severity of the next. Here is what you are facing at each level: Minnesota DWI penalties are governed under Minnesota Statutes Chapter 169A and include both criminal consequences and administrative penalties.
Offense Classification Max Jail Max Fine Ignition Interlock Other Consequences
1st DWI offense
Misdemeanor
90 days
$1,000
Possible
License revocation, potential whiskey plates
2nd DWI within 10 years
Gross Misdemeanor
1 year
$3,000
2 years mandatory
30-day minimum sentence, plate impoundment
3rd DWI within 10 years
Gross Misdemeanor
1 year
$3,000
6+ years mandatory
90-day minimum, permanent vehicle forfeiture
4th+ DWI within 10 years
FELONY
7 years
$14,000
10 years (lifetime 4th)
Felony record, lifetime enhancement for future offenses
Note: Aggravating factors (BAC >= 0.16, child passenger, prior refusal) can elevate the classification of a first offense to a gross misdemeanor. An experienced DWI defense attorney can advise you on your specific charge level.

Civil Penalties Explained

License Revocation, Whiskey Plates & Vehicle Forfeiture

Unlike criminal charges, civil DWI penalties take effect immediately upon arrest – before any court finding. They can be challenged, but only if you act quickly. A civil license revocation alone can enhance future criminal and civil penalties for 10 years.
A qualified DUI defense lawyer in Minnesota can help challenge these civil penalties within the strict legal deadlines that the state enforces.

Civil Penalty 1

Driver's License Revocation

Minnesota revokes your driver’s license immediately following a DWI arrest. This revocation — even without a criminal conviction — counts as a qualifying prior offense for enhancement purposes. If a future DWI occurs within 10 years, this revocation alone will escalate both criminal charges and civil penalties. Challenging revocation within 60 days is critical.

Civil Penalty 2

Whiskey Plates (Plate Impoundment)

Whiskey plates are distinctive white plates starting with “W” issued after Minnesota DWI plate impoundment. They publicly identify your vehicle as connected to a DWI offense. Whiskey plates can be imposed even before conviction and remain until conditions are met or challenged. They carry significant social and practical stigma and are often more disruptive than the criminal fine.

Civil Penalty 3

Vehicle Forfeiture

The State of Minnesota can seize your vehicle following a DWI arrest under certain circumstances — particularly for repeat offenders or where aggravating factors apply. A third DWI offense within 10 years triggers permanent vehicle forfeiture. Jay Carey can advise whether your vehicle is at risk and whether a forfeiture challenge is available in your case.

The Most Important Timeline

The 60-Day Rule: Why Every Day Counts After a DWI

Most Minnesota drivers have exactly 60 days from the date of their DWI incident to challenge civil penalties in court. This is one of the most consequential deadlines in Minnesota DWI law.
  • A petition filed after 60 days will be dismissed for lack of jurisdiction — regardless of how strong your case is
  • The deadline applies even if your criminal charges are later dismissed or reduced
  • A license revocation that goes unchallenged will count as a prior offense for 10 years, escalating future DWI charges
  • Administrative challenges alone are usually insufficient — most people need a judicial challenge through the courts
  • Jay Carey offers free consultations specifically to assess your 60-day options before time runs out

Minnesota DWI Law

  • You have 60 days to challenge civil penalties
  • License revocation happens immediately after arrest
  • Civil penalties can enhance future criminal charges
  • Ignition interlock may be required for repeat offenses
DAYS FROM ARREST TO FILE A CHALLENGE
0

After this deadline, courts will dismiss your petition — even if criminal DWI charges against you are eventually dropped. Do not wait

Your Defense Attorney

Why Minnesota Drivers Trust Jay Carey

LICENSED

Minnesota State Bar

PRACTICE FOCUS

DWI / DUI Defense

AREAS SERVED

Twin Cities Metro + Greater Minnesota

CONSULTATION

Free — No Obligation

Jay Carey is recognized as a trusted Minnesota DWI attorney and experienced DUI defense lawyer with a proven record handling cases across Minneapolis, St. Paul, and the broader Twin Cities region.

Jay Carey has represented Minnesota drivers charged with DWI at every level of severity – from first-time misdemeanor arrests to felony DWI charges carrying up to seven years in prison. He is deeply versed in the complex interplay between Minnesota’s criminal DWI statutes and the civil penalty system that activates the moment of arrest.
Jay understands that no two DWI cases are alike. He examines the unique facts of each case – the traffic stop, the field sobriety testing, the chemical test procedures, the civil revocation timeline – to identify every viable defense and challenge. His clients receive candid, experience-based advice on whether to challenge civil penalties, negotiate a plea, or fight charges at trial.
As a Minnesota drunk driving attorney, Jay is committed to protecting not just your immediate rights, but your long-term record. A DWI conviction or unchallenged civil revocation today can dramatically escalate the consequences of any future DWI incident for the next 10 years – or a lifetime for felony DWI offenses.

5.0

Ratings & Reviews

10/10

Google Reviews

A+

Avvo Rating

Client Results

What Minnesota Drivers Say About Jay Carey

I got 3rd Degree DWI first time in MN and not sure what to do? I spoke with Jay Carey and few Attorneys. I trusted Jay Carey because he gathered all the incident information from me first and analyzed what was required to proceed with the case. Also, Jay pointed out all Pros and Cons on my case and he suggested what needs to be followed. I am so grateful for Jay who helped me to come out of my case without Jail time, lesser Fine and got my license back. I appreciated his flexibility and willingness to answer all my questions and concerns. He Genuinely guided me through every single step. His fee was extremely affordable for me. I highly recommend Jay Carey to anyone who has DUI/DWI case.

- Saravanan G

I had the opportunity to work with Jay Carey for a vehicle violation incident in MN. He is the most honest and straight forward lawyersi have worked with ever. His advise is very meaningful and helped to resolve my case tremendously. His fees are very reasonable (compared to most lawyers i had researched) and is always a phone call away regards this case even post solving my case . He is a true professional and i highly recommend him. He is a class act.

- Anonymous

Jay kept me regularly updated on my case and strategy for my trial. He had great questions to single out any jurors that might be bias and would hurt our case. He is well educated and had great questions for the state’s witness to dispute evidentiary testimony against me which helped lead to a verdict of not guilty on all charges. He really helped keep me grounded when I was worried about my case and my future.

- Anonymous

Mr. Carey is a great DWI/DUI lawyer. I would honestly recommend him to anyone who was in my position. He not only was great representation to have, but he also got my DWI charge dropped to a careless driving! He is more then helpful, and is there anytime day or night if you have questions or concerns about your case. If you want a positive result from you case I would definetly give Jay Carey a call and at least hear what he has to say.

- Elisa

Jay Carey started handling my case in August 2010. He had some of my charges dismissed and I received a fair sentence on the final charges. Here it is April 2011, and he is still giving me excellent advise. I highly recommend Jay Carey for anyone facing a DUI/DWI.

- Larry

After getting a DUI I got a ton of letters in the mail from attorneys. Jays stuck out so I called him and interview him along with four other attorneys. He still stood out among them not because of cost but because of personality. He is now handling my case and so far I am impressed with him. He answered all my questions in ways I could understand and he helped put my mind at ease. I will post again as my case gets resolved. So far so good.

- Anonymous

Mr Carey has been my counsel for many years. His straight forward approach and concern for the most positive outcome has aways taken me to the next level. Communication is a key for him and when you talk ,he listens.

- Patrick

Know Your Terminology

DUI vs. DWI in Minnesota — What's the Difference?

Minnesota Uses DWI , But If You Searched "DUI Lawyer Minnesota," You're in the Right Place

Minnesota Uses DWI , But If You Searched "DUI Lawyer Minnesota," You're in the Right Place

Many clients search for a DUI lawyer in Minnesota, but under Minnesota law, all impaired driving offenses are prosecuted as DWI (Driving While Impaired).
Minnesota law uses the term DWI (Driving While Impaired) to cover all offenses involving impaired driving , whether by alcohol, controlled substances, or hazardous substances. The term DUI (Driving Under the Influence) is used interchangeably by many drivers and is the term used in many other states. Whether you were charged with drunk driving, impaired driving, or a DUI-equivalent offense, the Minnesota legal process, and the consequences to your license, vehicle, and criminal record , is governed by Minnesota’s DWI statutes. Jay Carey defends all impaired driving charges in Minnesota courts.
Frequently asked questions

Minnesota DWI Questions, Answered

Do I need a DWI lawyer in Minnesota for a first offense?
Yes. Even a first-time DWI in Minnesota can result in license revocation, fines, increased insurance rates, and long-term consequences. An experienced Minnesota DWI defense lawyer can help challenge evidence, reduce penalties, and protect your future.
In Minnesota, you have exactly 60 days from the date of your DWI arrest to file a petition with the court challenging civil penalties — including license revocation, whiskey plates (plate impoundment), and vehicle forfeiture. After this deadline, courts will dismiss your petition for lack of jurisdiction, regardless of the merits of your case or whether your criminal charges are later dismissed. This deadline is strict, non-negotiable, and applies even if you believe you are innocent.
Whiskey plates are distinctive white Minnesota license plates beginning with the letter “W” that are issued after a DWI-related plate impoundment order. They publicly signal that the vehicle’s owner has been subject to DWI civil penalties. Whiskey plates can be imposed before any criminal conviction. They can be challenged within the 60-day window, and in some cases the challenge will allow you to avoid plate impoundment entirely.
Yes — and this surprises many people. In Minnesota, a civil DWI license revocation counts as a qualifying prior offense for enhancement purposes, even if you were never convicted of a crime. For example, if you receive a civil revocation after a first DWI but your criminal charge is reduced to Careless Driving, a future DWI within 10 years will still be treated as a second offense with enhanced criminal and civil penalties.
Minnesota officially uses the term DWI (Driving While Impaired). DUI (Driving Under the Influence) is a commonly used informal term and the statutory term used in many other states. In Minnesota, DWI covers impairment by alcohol, controlled substances, and hazardous substances. There is no separate DUI statute — if you were charged with impaired driving in Minnesota, it is a DWI charge. Jay Carey defends all DWI charges regardless of the substance involved.
Possibly, but you must act quickly. Minnesota vehicle forfeiture following a DWI can be challenged administratively and judicially within the 60-day window. The success of a forfeiture challenge depends on your specific facts, the reason for the forfeiture, and the strength of any available defenses. Jay Carey can assess your case and advise you on whether a forfeiture challenge is advisable and likely to succeed.
An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. Minnesota mandates ignition interlock for certain DWI offenses: 2 years for a second offense within 10 years; at least 6 years for a third offense within 10 years; and 10 years for a fourth offense within a lifetime. Compliance with the ignition interlock program is required before full driving privileges can be restored.

A DWI criminal conviction in Minnesota becomes part of your criminal record, which can affect employment background checks, professional licensing, housing applications, and international travel. Some countries — including Canada — deny entry to individuals with DWI convictions. A felony DWI conviction can also restrict your civil rights. Challenging your charges and minimizing the long-term impact requires the help of an experienced DUI defense lawyer who knows Minnesota courts, timelines, and the full scope of civil and criminal consequences.

Service Area

Serving DWI Clients Across Minnesota

Jay Carey defends DWI and DUI cases in Minnesota state courts across the Twin Cities metro and greater Minnesota, including the following cities and counties. We represent clients searching for a “DWI lawyer near me” across Minnesota, including Minneapolis, St. Paul, Hennepin County, Ramsey County, and surrounding areas.
Minneapolis
Hennepin County District Court
St. Paul
Ramsey County District Court
Bloomington
Hennepin County
Edina
Hennepin County
Plymouth
Hennepin County
Woodbury
Washington County
Eagan
Dakota County
Greater Minnesota
Statewide Representation

Don't Let the 60-Day Clock Run Out

Every hour that passes after a Minnesota DWI arrest is time you cannot recover. Contact Jay Carey today for a free, confidential consultation about your rights, your options, and your deadline.If you are searching for a Minnesota DWI lawyer or an experienced DUI defense lawyer near you, now is the time to act — early legal intervention can significantly impact the outcome of your case.

GET FREE CASE REVIEW
CALL NOW: 612-548-2988