Driving
in Minnesota is a privilege. You can lose your driving privileges if
you break certain laws or fail to meet certain requirements. The
Minnesota Department of Public Safety (or “DPS”) maintains your driving
record, which contains information about driving and licensing
violations in Minnesota and other states. Serious or recurring
violations may result in loss of your driving privilege or restrictions
on where, when and what types of vehicle you may drive. As a
Minnesota Criminal Defense Attorney I get a lot of questions about this issue --- here is an overview.
License Withdrawal
Your
license may be withdrawn by suspension, revocation or cancellation. If
you commit an offense and your license is withdrawn, DPS will send you a
notice of withdrawal in the mail (to the address on your license - whether you've moved or not) and a list of requirements for reinstatement. Some
of the conditions that could cause you to lose your driving privileges
are listed below.
Suspension
Your driver’s license may be
suspended if you:
- Repeatedly violate traffic laws
- Are convicted for a violation causing a traffic accident resulting in death, injury or property damage
- Use, or allow someone else to use, your license for an illegal action
- Commit a traffic offense in another state that would be grounds for suspension in Minnesota
- Are judged in court to be legally unfit to drive a motor vehicle
- Fail to report a medical condition that would result in cancellation of driving privileges
- Fail to stop for a school bus with stop arm extended and red lights flashing (second offense in 5 years)
- Are found to possess a fake or altered license
- Make a fraudulent application for a license or ID card
- Take
any part of the driver’s license exam for someone else, or allow
someone else to take it for you falsely identify yourself to a police
officer
- Fail to appear in court or pay a fine on a motor vehicle-related violation when required to do so
- Are convicted of a misdemeanor for a violation of Minnesota traffic law
- Fail to pay court-ordered child support
- Use,
or allow someone else to use, a license, permit, or ID card to buy
tobacco products for someone who is under 18 years of age, or alcohol
for someone who is under 21 years of age
- Are convicted of underage drinking and driving
- Pay a fee to the state or driver’s license agent with a dishonored check
- Are convicted for theft of gasoline
After
the period of suspension has ended, your driving privilege may be
reinstated if all requirements are met. One requirement is payment of
the reinstatement fee. If your license expired during the suspension
period, or your name or address changed, you must apply for a new
license and pay the appropriate fee.
Revocation
Your driver’s license may be
revoked if you:
- Refuse to take a breath test to measure intoxication
- Fail a breath test that measures intoxication
- Are convicted of manslaughter or any criminal actions while driving a motor vehicle
- Are convicted of driving a motor vehicle while under the influence of alcohol or drugs
- Are convicted of a felony in which you used a motor vehicle
- Are convicted of driving in excess of 100 mph
- Are convicted of fleeing a police officer
- Are convicted of failing to stop, identify yourself or render aid when involved in an accident
- Are convicted of lying under oath to DPS or its agents
- Are convicted of signing any legal documents containing false information about legal vehicle ownership
- Are convicted of making a false statement to DPS
- Plead guilty or forfeit bail for three violations in a single year of any Minnesota traffic law requiring jail
- Are convicted of an offense in another state that would be grounds for revoking your license in Minnesota
- Are
convicted of a misdemeanor for driving a motor vehicle with prior
knowledge that the owner of the vehicle did not have no-fault vehicle
insurance
- Own a vehicle without no-fault insurance and are found to
have driven it or allowed others to drive it, with full knowledge that
the vehicle was not insured
- Are convicted of a gross misdemeanor for failing to stop for a school bus with its stop arm extended and its red lights flashing
- Are convicted of selling or possessing a controlled substance while operating a motor vehicle
After
the period of revocation has ended, your driving privileges may be
reinstated if all requirements for reinstatement are met. Requirements
include: payment of the reinstatement fee and passing the appropriate
exams. You must show proper identification when you take the knowledge
test or road test. You must apply for a new license after all your
testing requirements are met.
Cancellation
Your
license may be cancelled if you do not have a legal right to a driver’s
license that was issued to you. Your license may be cancelled if you:
- Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely
- Do not pass a test that is legally requested by DPS to determine your ability to drive safely
- Give
false or misleading information on your license application (your
license will be cancelled for 60 days or until the correct information
is provided – whichever is longer)
- Commit a crime for which cancellation of your license is a legal punishment
- Do not qualify for a driver’s license under Minnesota law
Need to Know More?
If
you wish to learn more about the loss of your license (or how you can get a limited license,)
review the Minnesota Driver’s Manual
online. If you have a legal issue
surrounding your driver’s license, contact us the
Rolloff Law Office at (612) 234-1165
for a free and confidential case evaluation.
