If Minnesota’s Implied Consent Law is invoked and you either fail or refuse to take a chemical test, the consequences for your driving privileges can be swift and severe. To determine the license consequences, you need to know how many prior offenses you have, how many of them were within the past 10 years, and whether the revocation is based on test results of 0.15 or less, 0.16 or more, or test refusal.
Reinstatement of a Revoked License
If you license was revoked under the implied consent law, you will need to pay the revocation fee ($680), apply for a new license, and pass the written DWI test. You can do all of this at a testing station. You can complete all of the requirements before your revocation period is complete, but will not receive a new license or driving privileges until you have served the revocation period.
Limited License (Work Permit)
If you have no prior offenses in the past ten years and had test results of 0.15 or less or refused to take a test, you may be eligible for a limited license, also called a work permit. You will need to meet all of the conditions of reinstatement before you will be issued a work permit.
If you have more than two prior offenses in the preceding 10 years, or more than three ever, then your license will be cancelled and denied as inimical to public safety. You will need to participate in the ignition interlock program to get your Minnesota driving privileges back – you cannot simply wait for the minimum cancellation period to expire.
- Third Offense in 10 Years (or Fourth Ever) – minimum cancellation period: 3 years
- Fourth Offense in 10 Years – minimum cancellation period: 4 years
- Fifth Offense or Subsequent – minimum cancellation period: 6 years
Commercial License Disqualification
If your license is revoked under the implied consent law, you will also be subject to disqualification of your commercial driving privileges, in accordance with federal law.
Challenging the Implied Consent Order
You do have the right to challenge the implied consent order. While an administrative review can be requested at any time during the revocation period, a petition for judicial review must be filed within 30 days of the date the revocation order was handed to you, or 33 days of the date it was mailed.
If you have been charged with a DWI, contact us today at 612-333-7309 to discuss your case.
If you are facing a criminal charge, you need professional, personal representation. Our team of attorneys will offer you Straight Talk and Honest Answers about your case.
This website is designed for general information only. Nothing on this website should be construed as formal legal advice nor the formation of a lawyer-client relationship.
Law Offices of F. Clayton Tyler | TriTech Office Center | 331 Second Avenue South, Suite 230 | Minneapolis, MN 55401
612.333.7309 | 1.888.333.7309