When charged with drunk driving in the state of Minnesota, an individual does not only face DWI criminal penalties such as prison time and significant fines, but also civil or administrative sanctions. Among such civil or administrative sanctions is driver’s license revocation, or the loss of an individual’s driving privileges for a specific period of time.
If you have either failed a urine, blood, or alcohol breath test leading to your DWI arrest or refused to take any of these chemical tests, then your driving privileges may be immediately revoked. Before the revocation or cancellation fully comes into effect, however, you may be given a temporary license for a period of seven days.
Minnesota laws have set different lengths of time in which an individual’s driver’s license may be revoked or cancelled, depending on the unique circumstances of a specific case:
90-day suspension when all of the following factors are present:
- BAC below .16
- No other impaired driving incidents in the last ten years
- No aggravating factors related to the current incident
1-year suspension in the following situations:
- BAC of .16 or more
- Refusal to submit to a breath, blood or urine test
- No other impaired driving incidents in the last ten years
- Two impaired driving incidents in the last ten years, plus a BAC under .16
2-year suspension for:
- Two impaired driving incidents in the last ten years, plus a BAC of .16 or more
3-year suspension for:
- Three impaired driving incidents in the last ten years
4-year suspension for:
- Four impaired driving incidents in the last ten years
6-year suspension for:
- Five or more impaired driving incidents in the last ten years
If you are below the age of 21 and your BAC is .08 or more, all of the above sanctions will apply to you.
If you are below the age of 21 and your BAC is under .08, the following sanctions apply:
- 30-day suspension for a first impaired driving incident with no aggravating factors present
- 180-day suspension for a second impaired driving incident with no aggravating factors present
Of course, you have certain rights that are associated with the revocation or cancellation of your driving privileges in Minnesota. Among these rights is being able to judicially challenge your revocation by filing specific documents with the court within a set period of time. If you are unable to file a judicial challenge with this required time period, you waive your right to a judicial determination of your driver’s license revocation.
Depending on your particular situation, you may or may not be able to qualify for a limited driver’s license during the time your general driving privileges have been withdrawn due to your DWI case. Should you qualify for a limited driver’s license, the following reasons you may be able to drive are:
- To get to and from your job
- To seek employment
- To provide for your family’s medical, educational or nutritional needs
- To seek treatment for chemical dependency
- To attend courses or classes at a post-secondary educational institution
Of course, there are set waiting periods before an individual can obtain a limited driver’s license. There are, however, a few jurisdictions within the state that allow for a reinstatement of a temporary driver’s license of full driving privileges pending the outcome of both criminal and civil license revocation cases.
Why you should Hire a Minneapolis, MN DWI Attorney
If you are facing a DWI charge and a consequent revocation of your driver’s license, it is critical that you engage the legal services of an experienced and qualified Minneapolis DWI Defense Attorney to ensure that your interests and rights are fully protected. The process of driver’s license revocation in Minnesota moves swiftly, and you have no time to waste.
Douglas T. Kans of the Kans Law Firm is committed to fighting for your rights and doing everything possible to protect you from losing your driving privileges in Minnesota. Contact our team for a free consultation.
