Sieben Edmunds DWI Blog Series
Minnesota Statute mandates immediate driver’s license revocation in many DWI cases. When a person submits to and fails a Datamaster breath test, or refuses testing, the license revocation is virtually immediate.
(a) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired) and that the person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then the commissioner shall revoke the person’s license or permit to drive, or nonresident operating privilege.
Minn. Stat. § 169A.52, subd. 4(a).
(a) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), and that the person refused to submit to a test, the commissioner shall revoke the person’s license or permit to drive, or nonresident operating privilege, even if a test was obtained pursuant to this section after the person refused to submit to testing.
Minn. Stat. § 169A.52, subd. 3(a).
The length of the revocation under the Implied Consent Law depends on the underlying circumstances. There are many factors that come into play, but here are the basics:
90 Day Revocation:
- No priors & test result under 0.16
180 Day Revocation:
- Driver under 21 & test result under 0.16
365 Day Revocation:
- No priors & test result 0.16 or higher
- No priors & test refusal
- Driver with one prior in 10 years (or two lifetime) and test result under 0.16
2 Year Revocation:
- Driver with one prior in 10 years (or two lifetime) and test result 0.16 or higher
- Driver with one prior in 10 years (or two lifetime) and test refusal
3 Year Revocation:
- Driver with two priors in 10 years (or three lifetime)
4 Year Revocation:
- Driver with three priors in 10 years
6 Year Revocation:
- Driver with four priors lifetime
Every effort has been made to ensure the accuracy of these revocation periods, but do refer to the statutes themselves and seek advice from an attorney. If your license is being revoked for an alleged DWI/DUI in Minnesota, it is critical that you retain an attorney as soon as possible. There are strict timelines set out by statute for challenging the revocation of your license. If you miss the deadline, you forfeit your right to challenge the revocation of your license and the revocation will remain on your permanent record as an impaired driving incident.
Check out our previous DWI Blog Series posts:
DWI Blog Series – Part One – DWI Implied Consent
