DRIVER’S LICENSE
When a person is
arrested for driving while under the influence it will usually
result in both the filing of criminal charges against the person
and revocation of the person’s driver’s license. The length of
the revocation, the availability of a limited license (work permit)
and the requirements for license reinstatement will vary depending
on the person’s prior record, whether or nor they submitted to
alcohol testing, and the results of the alcohol test.
If the arrested
person refuses the officer’s request to take a test, or takes the
test and the result is 0.08% or more, the officer will revoke the
person’s license immediately under the terms of Minnesota Statute
Section 169A.52, known as the Implied Consent law. The officer will
issue the driver a document entitled “Notice and Order of
Revocation.” If the driver had a valid license at the time if the
incident, this document will also act as a seven-day temporary
driver’s license. The seven-day license is valid for full driving
privileges until midnight on the seventh day after it was issued,
not counting the day it was actually issued. The license revocation
period begins when the seven-day temporary license expires.
The lengths of
revocation periods under different circumstances are summarized
below. Keep in mind that the term “prior offense” means not only a
previous DWI conviction, but also a previous alcohol-related
driver’s license revocation even if the incident did not result in a
DWI conviction.
First offense,
driver refuses alcohol testing: one year revocation, eligible for
limited license after 15 days.
First offense, test
result between 0.08% and 0.19%: 90 day revocation, eligible for
limited license after 15 days.
First offense, test
result 0.20% or more: 180 day revocation, eligible for limited
license after 30 days.
Second offense
within five years of a prior offense, driver refuses alcohol
testing: one year revocation, eligible for limited license after 6
months.
Second offense
within five years of a prior offense, test result between 0.08% and
0.19%: 180 day revocation, eligible for limited license after 90
days.
Second offense
within five years of a prior offense, test result 0.20% or more: one
year revocation, eligible for limited license after 6 months.
Second offense with
one prior offense more than five years old, driver refuses alcohol
testing: one year revocation, eligible for limited license after 6
months.
Second offense with one prior offense more than five years old,
test result between 0.08% and 0.19%: 90 day revocation, not eligible
for limited license.
Second offense with
one prior offense more than five years old, test result 0.20% or more:
180 day revocation, not eligible for limited license.
Third or fourth
offenses, if there are no prior offenses within the previous
five years and the driver has not had a previous “special
review” with the Department of Public Safety, test result between
0.08% and 0.19%: 180 day revocation, eligible for limited license
after 90 days, test result 0.20% or more: one year revocation,
eligible for limited license after 6 months.
In most cases a
person is required to have a “special review” with the Department of
Public Safety after a second offense, so the revocation periods in the
previous paragraph will not apply to most people facing a third or
subsequent offense. More often, a third or subsequent offense results
in the cancellation of the person’s driver’s license. A license
cancellation is technically for an indefinite period of time, but a
person is eligible to apply for reinstatement after certain
requirements have been met. These requirements usually include proof
of at least one year’s abstinence from alcohol in a third offense or
three year’s abstinence in a fourth offense. There is no eligibility
for a limited license during a license cancellation period.
More severe
consequences apply to drivers under the age of 21 and to people with
commercial driver’s licenses.
Before a person can
legally drive after a license revocation, his driver’s license must be
reinstated. Reinstatement does not happen automatically at the end of
the revocation time period. The driver must apply to the Department of
Public Safety for reinstatement. This will involve paying an
application fee, currently $22.25, and a reinstatement fee of
$680.00. It will also involve passing a special written exam regarding
alcohol and drugs and their effect on driving ability, and in some
cases taking the driver’s license road test and providing proof of
attendance at alcohol education classes. In order to get a limited
license for work purposes, the applicant must pay the fees , pass the
test(s) and have an interview with a Driver’s License Evaluator
at a Department of Public Safety office. The fees can be paid and the
test(s) taken at any time, but the interview cannot be done until
enough time has passed for the applicant to be eligible for the
limited license. Once a person has a limited license, no further
application or fees are required to get full driving privileges
reinstated. When the balance of the revocation time period has passed,
the Department of Public Safety will mail a new license to the
applicant.
Anyone can call the
Driver Evaluation division of the Department of Public Safety to learn
or confirm their requirements for reinstatement or eligibility for a
limited driver’s license. They can be reached during normal business
hours at
(651) 296-2025. Their phone line is often busy, so you have to be
patient.
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