St. Paul License Suspension Lawyers

After the implied consent law is invoked, you will face license suspension or, more accurately in a DWI case, license revocation, and you will receive paperwork from the officers advising you when the revocation period begins. Under current Minnesota law, when an officer serves immediate notice of a test refusal or a test result of 0.08 or more, the officer invalidates the driver’s license and issues a temporary license effective for only 14 days.

The duration of the revocation is entirely dependent upon the circumstances — namely, your alcohol concentration level, your age, and the number of qualified prior impaired driving incidents on your record. The current statute treats one qualified prior impaired driving incident within the past 20 years differently from two or more qualified prior impaired driving incidents, and that distinction matters a great deal. These periods are now governed primarily by Minn. Stat. § 171.178.

How Long Will My Minnesota DWI License Revocation Last?

To give you some guidance in trying to figure out the duration of your revocation, the following is a general overview of the revocation periods. For purposes of this exercise, we are assuming there was no accident, injury, or death involved in the underlying DWI crime:

What Are the License Consequences for a First Offense DWI?

• Alcohol level between 0.08 and 0.159 — at least 90 days administratively. If you plead guilty to a 4th Degree DWI, this will administratively drop to at least 30 days, so long as there was no child endangerment, no alcohol concentration of 0.16 or more, and no qualified prior impaired driving incidents.
• Under 21 years of age — at least 180 days when the test result is less than twice the legal limit. If the test result is 0.16 or more, the one-year revocation period applies.
• 0.16+ — at least 1 year. This is because 0.16 is twice the legal limit in Minnesota, and the statute treats that differently even on a first offense.
• Refusal — at least 1 year administratively. If you are convicted of refusal and have no qualified prior impaired driving incidents, the conviction revocation period is at least 90 days. If you instead plead to a 4th Degree DWI charge, it can be at least 30 days. Same caveats about child endangerment, a 0.16 or higher alcohol concentration, and any qualified priors apply, as explained above.

What Are the License Consequences for Multiple DWI Offenses?

• Second DWI offense with one qualified prior impaired driving incident within the past 20 years — there is no longer just a simple fixed revocation period in the same way. Full reinstatement is tied to the commissioner determining that you used an ignition interlock device in compliance with the law for at least 2 years.
• Third DWI offense with two qualified prior impaired driving incidents — the commissioner must designate the person as inimical to public safety if the person is convicted, cancel the person’s driver’s license, and deny issuance until the person complies with the law and establishes rehabilitation. Full reinstatement requires a licensed substance use disorder treatment or rehabilitation program and at least 6 years of compliant ignition interlock use.
• Fourth DWI offense with three or more qualified prior impaired driving incidents — the same cancellation and denial consequences apply, and full reinstatement requires a licensed substance use disorder treatment or rehabilitation program and at least 10 years of compliant ignition interlock use.

Can I Drive During the Revocation or Cancellation Period?

The only option to drive during these revocation or cancellation periods, when ignition interlock is required, is to enroll in the ignition interlock program and complete the required period. The important point is that the required interlock time does not simply disappear because you waited to start it. You have to actually use the ignition interlock device in compliance with the law for the applicable period before the commissioner will reinstate full driving privileges.

It is mandatory in those cases, and you will be required to complete a licensed substance use disorder treatment or rehabilitation program as well. Ignition interlock violations can also extend the time you must remain in the program. Driving without valid privileges can create new criminal exposure, including misdemeanor or gross misdemeanor charges depending on whether the license is revoked, canceled, denied, or subject to an ignition interlock requirement.

Why Is Figuring Out the Revocation Period So Difficult?

Understanding the revocation period and your obligations thereafter is nuanced and challenging. There is also a lot at stake if you do it wrong — an extension of your revocation period and even possible criminal charges. Given all of this, it is critical to get a knowledgeable DWI attorney from North Star Criminal Defense to guide you.

As stated previously, this is intended merely as a guide and in no way should be used to determine your actual revocation period. The best way to do that is to contact a Minnesota DWI attorney for a consultation or to contact DVS.