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DWI in Minnesota

DWI (Driving While Impaired) cases in Minnesota have a civil component and a criminal component. The civil component of the case is the implied consent hearing – the proceeding in which the Minnesota Department of Public Safety has revoked/cancelled/suspended your Minnesota driving privileges and you are contesting the legitimacy of that revocation/suspension/cancellation. The criminal component of the case can result in a criminal record, jail time, fines, and court costs.

There are further issues that arise for those carrying a commercial driver’s license (CDL) and for those under the age of 21. Please contact your attorney to learn more about these specific issues.

Implied Consent Hearing

Implied Consent

In Minnesota, when a person drives, operates, or is in physical control of a motor vehicle, that individual impliedly “consents” to chemical testing of his/her breath, blood, or urine for determining the presence of alcohol or controlled substances. Minn. Stat. § 169A.51, subd. 1(a).

Upon your arrest for DWI, it is likely that the arresting officer asked you to submit to a chemical test, usually an Intoxilyzer breath test or blood test. If you submitted to an Intoxilyzer breath test and your results were greater than or equal to 0.08, (0.04 or more for an individual driving, operating, or in physical control of a commercial motor vehicle), you were likely issued a Notice of Revocation and a seven-day temporary license. If you submitted to a blood test, the sample of blood was sent to the State Laboratory for testing and you have been or will be served with a copy of the Notice of Revocation once the results of the blood test have been determined.

You only have thirty (30) days from the date upon which the Notice of Revocation form is served upon you or deemed received (three days after mailing to the last known address) to petition for judicial review on the State’s attempted suspension or revocation of your Minnesota driving privileges. If timely requested and properly filed, a hearing must be held within sixty (60) days. If you do not request a hearing within that time frame, you will have waived your right to a hearing to challenge the suspension or revocation of your driving privileges.

If you submitted to an Intoxilyzer breath test and your test result was at least 0.08%, and the Commissioner of Public Safety is successful in revoking your driving privileges, you face the following revocation time period based upon the number of offenses you have on your record:

First Offense:

• Under 0.20: 90 days (30 days if you plead guilty to DWI)
• 0.20 or over: 180 days
• Child in vehicle and under 0.20: 90 days
• Child in vehicle and 0.20 or over: 180 days

Second Offense (within 10 years):

• Under 0.20: 180 days (notice that additional offense will result in license cancellation)
• 0.20 or over: 365 days (1 year) (notice that additional offense will result in license cancellation)
• Any level with child in vehicle: 180 days (notice that additional offense will result in license cancellation)

Third Offense (within 10 years):

• Any level: 365 days (1 year) minimum loss of license, license cancelled, minimum one year proof of abstinence (treatment and rehabilitation), and lifetime abstinence required after reinstatement

Fourth Offense (within 10 years):

• Any level: loss of license for four years and until rehabilitation and other reinstatement requirements are met

If you refused to submit to chemical testing and the Commissioner of Public Safety is successful in revoking your driving privileges, you face the follow revocation:

• 1st offense within 10 years: 1 year (30 days if you plead guilty to DWI, or 90 days if you plead guilty to test refusal)
• 2nd offense within 10 years: 1 year (notice that additional offense will result in license cancellation)
• 3rd offense within 10 years: 365 days (1 year) minimum loss of license, license cancelled, minimum one year proof of abstinence (treatment and rehabilitation), and lifetime abstinence required after reinstatement

A “work permit” may be issued after 15 days of revocation to a Minnesota resident licensed to drive in Minnesota, but only upon a first offense within ten (10) years. A “work permit” may be issued when half of the revocation time has passed and reinstatement requirements have been met for a second offense within ten (10) years. No “work permit” will be issued for a third offense in ten (10) years until a minimum of one year has passed, and all reinstatement requirements have been met.

If your license is revoked after the implied consent hearing, you have the opportunity to appeal that decision to the Minnesota Court of Appeals. If you appeal the district court’s decision to the Minnesota Court of Appeals and lose the appeal, you have the opportunity to then petition for review to the Minnesota Supreme Court.

Reinstatement of your driving privileges is not automatic. All alcohol-related revocations of a driver’s license require a $680 reinstatement fee, DWI knowledge test, a driver’s license application with fees, and a chemical assessment.