MN DWI Lawyer | MN Criminal Defense Attorney

License Revocation

In Minnesota, a DWI or Refusal to take a chemical test can result in both Civil and Criminal penalties.

One of the first Civil penalties is the up front license revocation of your driver's license or privilege to drive (assuming you do not have a license or you do not have a Minnesota driver's license).

Practically speaking, what this means is that a police officer has filled out some paperwork ("Peace Officer's Certificate") alleging that you either refused or failed (i.e., tested 0.08% or more) a chemical test, which results in the automatic or up front license revocation--even before you ever get a Civil hearing ("Implied Consent Trial") or criminal DWI hearing.

Length of License Revocation (**Ignition Interlock Device)

The length of the license revocation depends on a number of factors, including your driving/criminal history and the specific facts of your case, e.g., the level of your Alcohol Concentration (AC) or whether you Refused to take the test.

**Note: Effective July 1, 2011, Minnesota DWI laws were amended to require an Ignition Interlock Device in all cases if the AC is 0.16% or more, i.e., double the current per se legal limit of .08%, or if the DWI case involves a repeat offender, i.e., a driver that has Priors.

The following will be common scenarios under the new law:

ý No Priors with AC of  .08-.15% = 90 day Revocation, plus:

Driver has a choice of the following:

(1) 15 days no driving privileges and a Limited Driver's License provided for remaining revocation period.

(2) Full driving privileges provided for the revocation period with the use of the Ignition Interlock Device.

ý No Priors with AC of  .16 or more = 1 year Revocation, but:

Driver can have Full driving privileges provided with the use of the Ignition Interlock Device.

ý No Priors with a Refusal to test= 1 year Revocation

Driver has a choice of the following:

(1) 15 days no driving privileges and a Limited Driver's License provided for remaining revocation period.

(2) Full driving privileges provided for the revocation period with the use of the Ignition Interlock Device.

ý 1 Prior with AC of .08-.15% =  1 year Revocation, but:

Driver can have Full driving privileges provided with the

use of the Ignition Interlock Device.

ý 1 Prior with a Refusal to test or AC of .16% or more =  2 year Revocation, but:

Driver can have Full driving privileges provided with the

use of the Ignition Interlock Device.

In addition, if it is determined that the driver of the other vehicle was injured as a result of an accident, an additional 90 days may be added to the license revocation period.

If you have a Commercial Driver’s License (CDL), your CDL will initially (via the Civil license revocation based on a refusal to test or an AC of 0.08% or more) be disqualified (even if you were in a non-commercial motor vehicle at the time of your arrest) for a minimum of one (1) year.

*Note, however, all is not lost. (See below).

Limited Driver's License (Work/School) Permit

Depending on the details of your DWI case, you may be eligible for a Limited Driver’s License (Work/School) Permit, if:

1. Your livelihood or attendance at a chemical dependency treatment or counseling program depends upon it;

2. You are a homemaker and it is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of your family; or

3. Your attendance at a post-secondary institution of education (college) depends upon it.

If you retain my services, I will provide you with all the proper and practical information necessary for you to obtain a Limited Driver’s License (Work/School) Permit.

Implied Consent (IC) Hearing (dealing with License Revocation)

If you retain my services, I will make sure all necessary paperwork is filed, including all necessary challenges to your license revocation. Keep in mind that you have the legal right to challenge your license revocation by filing with the court and serving on the government the proper paperwork called an Implied Consent (IC) Petition. The IC Petition requests an immediate hearing or trial to challenge all issues surrounding your license revocation.

The Implied Consent Hearing is a part of the Civil Case, which allows us to contest your license revocation on a number of grounds, e.g., illegal stop or arrest, improper testing, right to counsel violated, etc.

*Note, however, that the IC Petition must be filed with the court and served upon the government within thirty (30) days of the date of the Notice and Order of Revocation (i.e., within 30 days of the date that your license revocation initially starts) that either the officer or the State of Minnesota served upon you; otherwise:

you waive all rights and issues that could or

should have been raised—even if you have a winner!

That is, failure to properly serve and file the IC Petition results in the automatic (and likely permanent) designation of an alcohol/controlled substance-related license revocation on your permanent driving record, which can be used against you in the future to "Enhance" (i.e., make more serious) a subsequent DWI charge.

Depending on the county of your DWI, I will also file a motion requesting that your license revocation be “stayed” (i.e., your license be reinstated fully as if there was no DWI) pending the outcome of your criminal case.

Getting Your Driver's License Back

If you retain my services, I will provide you with all the proper and practical information necessary for you to obtain a Limited Driver’s License (Work/School) Permit.

In addition, I will file all necessary paperwork, including an IC Petition requesting an immediate trial to contest the legality of you license revocation.

Depending on the county of your DWI, I will also file a motion requesting that your license revocation be “stayed” (i.e., your license be reinstated fully as if there was no DWI) pending the outcome of your criminal case.

MN DWI Lawyer | Minnesota Criminal Defense Attorneys

Call Me, Matthew L. Thornton, Esq.: (651) 699-2007