Rochester Minnesota License Revocation Lawyer

License Revocation Attorney Minnesota

In addition to any criminal charges that may stem from a DUI arrest, Minnesota law also provides for administrative sanctions that commence immediately upon arrest and do not require a conviction. What this means is that while the State has the burden of proving a driver guilty beyond a reasonable doubt in a criminal case, it is the driver who must challenge the administrative sanctions separately from the criminal matter. There are strict deadlines that are enforced in challenging these administrative issues and failure to comply with the timelines effectively waives any challenge to them. Contact our Rochester Minnesota license revocation attorney, to see how we can help.

License Revocation Minnesota

In the State of Minnesota, one’s driving privileges can be revoked immediately following any test failure or test refusal. The person is given a seven-day temporary license to drive before the revocation becomes effective. The length of the revocation will depend on the driver’s past DUI history, his/her age (whether over of under 21), blood alcohol concentration, cooperation with providing a sample, and whether there were any minors in the vehicle.

Based on these factors, the period of license revocation is as follows:

• 90 days for a person with no qualified priors within the past ten years and no other aggravating factors present in the current incident (reduced to 30 days if the person is convicted and has no prior implied consent revocations or DWI convictions); can be reduced to 0 days if an Ignition Interlock is installed;
• One Year revocation for a person with no qualified priors, but who refused the test, or the test showed an alcohol concentration of .16 or above; can be reduced to 0 days if an Ignition Interlock is installed;
• One Year revocation for a person with one prior, and a test result of .08 to .15; Two Year revocation for a test result of .16 and above; can be reduced to 0 days if an Ignition Interlock is installed;
• Three Year revocation for a third offense; Four Year revocation for a fourth offense and Six Year revocation for a fifth and subsequent offense. Offender must prove sobriety by the use of the Interlock for the entire cancellation period.

As noted above, the driver must appeal the administrative license revocation, either by filing a request for administrative review by the DPS or by filing a request for judicial review through the court if they wish to challenge it.

Minnesota Limited Driver’s License

Once a person’s driver’s license has been revoked for an implied consent violation or a DUI conviction, they may be able to legally drive earlier than the termination of the revocation period by applying for a limited license. The limited license will allow someone to drive for these limited purposes only:

• To go to and return from work, or to look for work;
• To attend chemical dependency treatment;
• To provide for the educational, medical, or nutritional needs of the family; and/or
• To attend at a postsecondary educational institution.

Presently a limited license is avaliable for a first offense under .16 BAC and for the first year of the revocation following the third and each subsequent violation.

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