Under certain circumstances the state has the authority to take the license plates off of a motor vehicle and destroy them. This is referred to as license plate impoundment.

There are several sets of circumstances which can trigger license plate impoundment. Under the terms of Minnesota Statute Section 169A.60, the Commissioner of Public Safety shall issue a registration plate impoundment order under these circumstances:

a.) A first offense DWI if the test result is 0.20 or more.

b.) A first offense DWI if there is a passenger in the vehicle under the age of 16.

c.) Any DWI offense if the driver has a prior DWI or alcohol-related license revocation within the past 10 years.

d.) A violation of Section 171.24 (driving without a valid driver’s license) by a person whose driver’s license has already been cancelled under Section 171.04 for being inimical to public safety.

The license plate impound order is usually issued directly by the arresting police officer, acting on behalf of the Commissioner of Public Safety. The order can also be issued by a judge or by the state Department of Public Safety. The order will generally require the person who receives it to surrender the plates from any other vehicle(s) registered with his name on the title. At the time a police officer issues an impound order he will also issue a permit for the temporary licensing of the vehicle. This permit will be valid for 7 days if the vehicle is registered to the driver, or 45 days if it is registered to someone else.

It is often possible to get special license plates for the vehicle so it can be driven while subject to the impound order. For example, if the driver obtains a limited driver’s license, he can then apply for special plates for the vehicle. Or if the driver has a household member or other person who has a valid license and needs to drive the vehicle, special plates can be obtained to enable that other person to drive the vehicle until the violator gets his/her license back. The special plates have certain letters in them which are known to police officers. Under a recent law, Minnesota Statute section 168.0422, a police officer who sees a car with these special plates being driven has the right to stop the vehicle to see if the driver is operating the vehicle lawfully under a valid driver’s license. When the revoked driver gets full driving privileged reinstated, and one year has passed, he may apply for new regular license plates for any vehicles registered in his name.

If the vehicle was not owned by the driver who was arrested, the registered owner may be able to have new regular license plates issued for the vehicle. The registered owner has the right to file a sworn statement with the Commissioner of Public Safety setting out the facts and requesting new plates. If the statement satisfies certain basic requirements the new plates will be issued.

Occasionally the police officer who arrests someone for DWI will impound the vehicle license plates by mistake. Or, there may be technical legal reasons why a plate impoundment may not be proper. Many of the legal defenses specified in the “Possible Defenses” section of this website also apply to the validity of a plate impoundment. If it appears the impoundment is improper the subject of the order can request a review of its validity. This can be an administrative review, handled strictly by paperwork, or a judicial review, which includes a hearing in front of a judge. Administrative reviews are rarely successful. Most attorneys would recommend a judicial review if a review is to be requested.