Regaining Driving Privileges After A DWI Charge
After being convicted of a DWI, the consequences are just beginning. In addition to any criminal sentence that involves paying a fine and/or going to jail, there will also be civil penalties and other collateral consequences. One thing is for sure: if you are charged with a DWI, your license will be suspended, revoked, or even cancelled, depending on the severity of the DWI. While there are ways to get back on the road, it can be difficult to figure out what steps need to be taken to regain driving privileges.
The revocation process in Minnesota is pretty complex. The length of license revocation/suspension/cancellation can be 90 days, 180 days, or one-, two-, three-, four-, or six-year period. This is largely dependent on the severity of the underlying impaired driving offense and past history of impaired driving-related convictions, looking back either over the past ten years or through your entire lifetime. The rules are different if you possess a Commercial Driver’s License (CDL). Your license can also be revoked for refusing a chemical test when an officer has probable cause to suspect driving while intoxicated or for failing a chemical test within two hours after driving.
Regaining Driving Privileges
The severity of the charge and how many impaired driving offenses are on your record, either within a ten year period or within your lifetime, will inform the steps that need to be taken to regain driving privileges. In EVERY case, you will be required to undergo a chemical health assessment and follow its recommendations, apply for a new license, pay the license application fees, and pay a license reinstatement fee. In many cases, regaining your driving privileges will require participation in the Minnesota Ignition Interlock Device Program (IIDP). Occasionally, you will need to apply for a limited license before regaining full driving privileges as well. A limited license
First DWI/Impaired Driving Related Offense
For a first-time DWI with a BAC of .15 or lower and no other aggravating factors, there are a few options. Your license will be revoked for 90 days, but you can regain full driving privileges with enrollment in the Ignition Interlock Program. If you don’t enroll in the Interlock Program, you will have no driving privileges for 15 days and be eligible for a limited license for the remainder of the 90-day period. Unless there is a child in the vehicle, if you plead guilty, the 90-day revocation can sometimes be reduced to 30 days. For a first-time DWI with a BAC of .16 or greater, your license will be revoked for one year, but you can regain full driving privileges with enrollment in the Ignition Interlock Program. First-time offenders have the option of ‘waiting out’ the revocation period and then reapply for their license after the time period has expired. Those who refuse to submit to chemical testing will have their license revoked for one year and can regain full driving privileges by participating in the Ignition Interlock Program, or else they will have no driving privileges for 15 days and be eligible for a limited license for the remainder of the one-year period.
Second DWI/Impaired Driving Related Offense
For a second DWI both within the last ten years and with a BAC of .15 or lower, your license will be revoked for one year. Due to a 2021 change in MN DWI laws, you will be required to participate in the Ignition Interlock Program before you can reapply for a driver’s license in Minnesota. For a second DWI both within the last ten years and with a BAC of .16 or greater, your license will be revoked for two years, and you will be required to participate in the Ignition Interlock Program before you can reapply for a driver’s license. Those who refuse to submit to chemical testing for their second impaired driving related offense within the last ten years will have their license revoked for two years and be required to participate in the Ignition Interlock Program before reapplying for licensure.
Third DWI/Impaired Driving Related Offense
For a third DWI within the last ten years, your license will be cancelled for three years. If you refuse to submit to chemical testing for your third impaired driving related offense within the last ten years, your license will be cancelled for three years. For a third DWI not within the last ten years, your license will be revoked for one year. In any case, you will be required to participate in the Ignition Interlock Program before you can reapply for a driver’s license in Minnesota.
Fourth DWI/Impaired Driving Related Offense
For a fourth DWI or if you refuse to submit to chemical testing for your fourth impaired driving related offense within the last ten years, your license will be cancelled for four years. For a fourth DWI or if you refuse to submit to chemical testing for your fourth impaired driving related offense not within the last ten years, your license will be cancelled for three years. In either case, you will be required to participate in the Ignition Interlock Program before you can reapply for a driver’s license in Minnesota.
Fifth (or more) DWI/Impaired Driving Related Offense
For a fifth (or more) DWI or if you refuse to submit to chemical testing for your fifth (or more) impaired driving related offense within any time period, your license will be cancelled for six years. You will also be required to participate in the Ignition Interlock Program before you can reapply for a driver’s license in Minnesota.
Where to Go Next?
Ultimately, many times you will be required to participate in the Ignition Interlock Device Program, which has its own rules and procedures that you will need to agree to in order to regain your driving privileges. There are also other administrative penalties that could happen to you, such as impounding your license plates or forfeiting the vehicle used at the time of offense. There were several changes to MN’s DWI laws that have made it easier for individuals who properly follow all rules and restrictions to get back on the road. If you are facing a situation where you will be losing your license due to a DWI or other impaired driving related offense, contact Loon Law today for a free consultation!