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Minnesota License Revocation | Gerald Miller
Minnesota License Revocation

 

If you are arrested for a DWI, the Minnesota Department of Public Safety (DPS) has an interest in what happens to driver’s license because you have violated the terms of the agreement made with the DPS when you originally obtained your driver’s license.   You should understand that this process can move very rapidly and it is vital that you consult with an experienced DWI attorney as soon as possible to avoid losing your license or to possibly obtain a limited license.  There are time frames with which you must properly serve appropriate legal documents or you will lose the opportunity to challenge the revocation indefinitely.

 

 

Minnesota Driver’s License Revocation

 

 

The effect a DWI has on your license is dependent on the number of prior DWI offenses you have had in the past Ten (10) years, Blood Alcohol Concentration (BAC), age and whether you refused to take an evidentiary test (Test Refusal).   We have provided you with a general table to illustrate the potential administrative penalties associated with the specific DWI facts.  The tables only provide a basic understanding of potential driver’s license penalties.  You should contact an experienced DWI attorney to fully understand the civil consequences associated with your individual case.  [LINK]

 

In addition to the revocation period associated with your case, you will have to pass an alcohol / controlled substance related knowledge test (with focus on Chapters 7 & 8 of the Minnesota Drivers Manual), apply for a new Minnesota driver’s license and pay a $680 reinstatement fee.

 

 

Revocation Periods

 

 

First DWI Offense

 

 

Blood Alcohol Concentration (BAC) & Age

Potential Driver’s License Sanction

0.08 – 0.19 & Over 21

90-Day Driver’s License Revocation

0.08 – 0.19 & Under 21

180-Day Driver’s License Revocation

0.20 or more & Over 21

180-Day Driver’s License Revocation

0.20 or more & Under 21

One (1) year Driver’s License Revocation

Test Refusal & Over 21

One (1) year Driver’s License Revocation

Test Refusal & Under 21

One (1) year Driver’s License Revocation

 

Second DWI Offense*

 

Blood Alcohol Concentration (BAC) & Age

Potential Driver’s License Sanction

0.08 – 0.19 & Over 21

180-Day Driver’s License Revocation

0.08 – 0.19 & Under 21

180-Day Driver’s License Revocation

0.20 or more & Over 21

One (1) year Driver’s License Revocation

0.20 or more & Under 21

One (1) year Driver’s License Revocation

Test Refusal & Over 21

One (1) year Driver’s License Revocation

Test Refusal & Under 21

One (1) year Driver’s License Revocation

 

* A second-time DWI offender may also be ordered by the court and/or required by the DPS to perform some form of rehabilitation prior to receiving a new driver’s license.

 

 

Third DWI Offense**

 

Blood Alcohol Concentration (BAC) & Age

Potential Driver’s License Sanction

0.08 – 0.19 & Over 21

One (1) year Driver’s License Revocation

0.08 – 0.19 & Under 21

One (1) year Driver’s License Revocation

0.20 or more & Over 21

Two (2) years Driver’s License Revocation

0.20 or more & Under 21

Two (2) years Driver’s License Revocation

Test Refusal & Over 21

One (1) year Driver’s License Revocation

Test Refusal & Under 21

One (1) year Driver’s License Revocation

 

** A third-time DWI offender will be ordered to complete rehabilitation and may be cancelled Inimical to Public Safety (IPS) and/or put on a B-Card.

 

 

Fourth or more DWI Offense***

 

Blood Alcohol Concentration (BAC) & Age

Potential Driver’s License Sanction

0.08 – 0.19 & Over 21

Two (2) years Driver’s License Revocation

0.08 – 0.19 & Under 21

Two (2) years Driver’s License Revocation

0.20 or more & Over 21

Four (4) years Driver’s License Revocation

0.20 or more & Under 21

Four (4) years Driver’s License Revocation

Test Refusal & Over 21

Two (2) years Driver’s License Revocation

Test Refusal & Under 21

Two (2) years Driver’s License Revocation

 

*** A fourth-time or more DWI offender will be ordered to complete rehabilitation and may be cancelled Inimical to Public Safety (IPS) and/or put on a B-Card.

 

 

Limited License

 

 

If you have your driver’s license revoked you may still have the ability to obtain a limited license, or Work Permit, by filing the appropriate legal documents in a timely manner.  Your eligibility depends on a number of factors such as Blood Alcohol Concentration (BAC), prior DWI offenses or whether or not you refused the test.

 

You may be able to qualify for a limited license to perform the following:

  1. Get to and from work if you are employed
  2. Seek employment if you are unemployed
  3. Attend chemical dependency treatment programs
  4. Provide for medical, nutritional or educations needs of your family
  5. Attend classes at a postsecondary educational institution

NOTE: We again must stress the importance in obtaining legal advice from an experienced DWI attorney immediately to discuss these issues and to avoid losing your chances of obtaining a limited license.  [LINK]

 

 

Fast-Track – Hennepin/Ramsey County

 

 

There are a few counties in Minnesota that have allowed for temporary driver’s license reinstatement of your driving privileges pending the outcome of both your criminal and civil DWI case.  If your offense occured in a county that utilizes the Fast-Track policy you may be able to have your full driver’s license privileges reinstated while you go through the DWI process.  You should contact an experienced DWI attorney to see if you may be able to take advantage of this unique policy.  [LINK]

 

 

Waiting Periods

 

 

If you are charged with a DWI in a county that does not have a Fast-Track policy or if you're ineligible, you will have to abide by specific mandatory waiting periods before you are able to apply for a limited license.  The waiting period also depends on a number of aggravating factors specific to your case.  We have provided you with a table that can help you understand what waiting period may be applicable to your case, but you should consult an experienced DWI attorney to fully understand your driver’s license concerns and issues.

 

Violation

BAC/Test Refusal

Waiting Period

First Offense

0.08 – 0.19

15 Days

 

0.20 or More

30 Days

 

Test Refusal

15 Days

Second Offense

0.08 – 0.19

15 Days

 

0.20 or More

30 Days

 

Test Refusal

15 Days

Second Offense (within 10 Years of 1st violation)

0.08 – 0.19

90 Days

 

0.20 or More

180 Days

 

Test Refusal

180 Days

Third Offense

0.08 – 0.19

90 Days

 

0.20 or More

180 Days

 

Test Refusal

180 Days

Third Offense (within 10 Years of 1st violation OR Special Review)

0.08 – 0.19

No Limited Available

 

0.20 or More

No Limited Available

 

Test Refusal

No Limited Available

Fourth Offense

Or More

No Limited Available

 

Any BAC

No Limited Available

 

Test Refusal

No Limited Available

 

Other Waiting Periods

  1. One (1) Year waiting period for Manslaughter or Criminal Vehicular Operation
  2. Six (6) Months to Five (5) Years for Fleeing a Peace Officer

 

 

B-Card

 

 

If you have had your driver’s license canceled for a third or subsequent DWI violation you may be eligible to obtain a B-Card that will allow you to regain your driving privileges.  In order to qualify for a B-Card you must first successfully complete an approved treatment and rehabilitation program.  You will then be requires to sign a sworn statement in which you promise never again consume any alcohol.  You will be forbidden to use any alcohol, for any reason, and at any time throughout your life.  This includes instances such as in the privacy in your own home or for religious purposes.  If you are ever caught having consumed alcohol you will be deemed to have violated the terms of the B-Card and your driving privileges will be immediately revoked.  If you are charged with a DWI while on a B-Card, even if you are not above the legal limit (0.08), you will be charged with a gross misdemeanor.