Subd. 1. Degree described.

A person who violates section 169A.20 (driving while impaired) is guilty of first-degree driving while impaired if the person:

1. (1) commits the violation within ten years of the first of three or more qualified prior impaired driving incidents;
2. (2) has previously been convicted of a felony under this section; or

3. (3) has previously been convicted of a felony under section 609.21, subdivision 1, clause

   (2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); subdivision 2a, clause (2),

   (3), (4), (5), or (6); subdivision 3, clause (2), (3), (4), (5), or (6); or subdivision 4, clause (2), (3),

   (4), (5), or (6).

Subd. 2. Criminal penalty.

A person who commits first-degree driving while impaired is guilty of a felony and may be sentenced to imprisonment for not more than seven years, or to payment of a fine of not more than $14,000, or both. The person is subject to the mandatory penalties described in section 169A.276 (mandatory penalties; felony violations).