When you are arrested for DWI, the arresting officer will ask that you submit to breath, blood or urine testing. If you test .08 or greater, or refuse to submit to testing, your driver’s license will be revoked and you will be given a Notice of Revocation. Once you receive this notice, you are permitted to drive for 7 days until your license is officially revoked or cancelled. Once the 7 days expire, your license will be revoked or cancelled anywhere from 90 days to 6 years, depending on a variety of factors.
Challenging Your License Revocation/Cancellation
You have a right to challenge the revocation or cancellation of your driver’s license under the Implied Consent Law. This is not an automatic right, however, You must file a Petition for Review in District Court within 30 days of your arrest (or 30 days from the date of that the Notice of Revocation was mailed to you after submitting to a blood or urine test). The Petition must also be served on the Minnesota Attorney General, who represents the Commissioner of Public Safety in any court matters that address driver’s licenses See: Minn. Stat. 169A.53.
Ignition Interlock Program
When your driver’s license has been revoked or cancelled, you have the option of participating in the Ignition Interlock program. This allows a driver to operate his or her motor vehicle, despite a revocation or cancellation, if they submit to a sample of their breath every time they start their automobile. In some cases, you are required to participate in this program if you want your driving privileges reinstated.
To participate in this program, you must have a breath testing device installed in your vehicle, at your expense. You will have to submit to breath tests prior to starting the vehicle, and perform random tests during times of operation. You also must regularly have the machine calibrated at your expense.
License Revocation Periods
If your license is revoked, the following periods apply:
First Offense
- If you test at or greater than .08 but less than .16, the license revocation period is 90 days.
- If you test greater than .16, your license is revoked for one year.
- If you refuse to test, your license will be revoked for one year.
Second Offense
- If you test at or greater than .08 but less than .16, your license will be revoked for one year.
- If this is your second offense within the past 10 years and you test .16 or greater, your license will be revoked for two years.
- If this is your second offense in your lifetime, it is treated as a first-time DWI and the revocation period depends on blood alcohol concentration (see: FIRST OFFENSE, above).
- If this is your second offense within the past 10 years and you refuse to test, your license will be revoked for 2 years.
Third Offense
- If this is your third offense within the past 10 years, regardless of alcohol concentration or whether you refused testing, your license will be cancelled for three years.
- If this is your third offense within your lifetime, your license will be revoked for two years.
Fourth Offense
If this is your fourth offense within the past 10 years, your license will be cancelled for four years.
- If this is the fourth offense within your lifetime, your license will be cancelled for three years.
Fifth Offense
If this is your fifth offense, your license will be cancelled for 5 years
Contact Attorney Carson J. Heefner Today
Losing the ability to drive is a difficult thing to deal with. Carson J. Heefner has over 20 years experience representing individuals who have lost their licenses due to DWI/DUI offenses. He is a graduate of the National College for DUI Defense, which is an intensive training seminar for people who defend those accused of DWI/DUI. If you or someone you know has had their license revoked or cancelled due to DWI/DUI arrest, contact Carson at 612-202-8971 or carson@heefnerlaw.com for a free consultation.