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,
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 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.
Beginning July 1, 2011, Minnesota enacted laws that increase penalties
and promote participation in the Ignition Interlock Program for most repeat
offenders. These new laws and the Ignition Interlock Program will have
many effects on Minnesota drivers arrested for DUI’s.
An ignition interlock is a breath-testing device attached to the ignition
system of your vehicle. When you start your car, the engine will not turn
over and start until you have provided a breath sample to the alcohol
testing unit that is below .02 Breath Alcohol Concentration (BAC). If
a test sample is below .02, the vehicle will start. If the test sample
is above .02, the vehicle will not start. Once the vehicle is started,
the ignition interlock will request that the driver randomly take alcohol
tests to show they are not drinking alcohol.
Under the new laws, if you submitted to an Intoxilyzer breath test, or
a test of your blood or urine, 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:
- Under 0.16%: 90 days (15 days no driving privileges and a limited license
provided for remaining revocation period OR full driving privileges provided
for the revocation time period with use of ignition interlock).
- Test Refusal: 1 year (15 days no driving privileges and a limited license
provided for remaining revocation time period OR full driving privileges
provided for the revocation time period with use of ignition interlock).
- 0.16% or above: 1 year (full driving privileges provided for revocation
time period with the use of ignition interlock).
- Under 0.16%: 1 year (full driving privileges provided for revocation time
period with use of ignition interlock).
- Test Refusal or 1.16% or above: 2 years (full driving privileges provided
for revocation time period with use of ignition interlock).
Third, Fourth, Fifth, and Subsequent Offenses:
- 3, 4 or 6-year revocation / cancellation of driving privileges (1-year
limited license provided with the use of ignition interlock / 2, 3 or
5 years full driving privileges with use of ignition interlock.
Attorneys Specializing in Minnesota DWI Cases:
Kenneth J. Kohler,
Jade M. Rosenfeldt and