Minnesota Driver's License Issues (Explained)

Driving after your license has been suspended, revoked, or cancelled is a criminal offense in Minnesota.  A conviction for these offenses can have not only consequences on your criminal record, but can cause further damage to the status of your driving privileges.  If you have been charged with a license violation, contact an experienced Minnesota Criminal Defense Attorney that can help.

Types of License Violations

In Minnesota, your driver’s license can be either suspended, revoked, or cancelled.  Suspension occurs usually when you fail to renew your license on time, fail to pay a fine or appear in court, or are convicted of certain minor traffic offenses.  Revocation occurs when you commit more serious traffic violations such as DWI/DUI.  Driving with a suspended or revoked license is a misdemeanor offense.

If the Minnesota Department of Public Safety (DPS) considers you a dangerous driver, they may cancel your license as inimical to public safety.  Driving after receiving this cancellation is a gross misdemeanor, carrying a penalty of up to a year in jail and a $3,000 fine.

MN DPS may also put restrictions on the hours you can use or driver’s license, or may require that you not consume any alcohol or drugs.  Violation of these restrictions is also a crime.

Penalities for License Violations

The consequences for being convicted of a license violation depend on the circumstances of your case, your criminal history, and your driving record.  They may include the following:

• Fines
• Probation
• Jail
• Community service
• Additional license revocation

Have additional questions? Call the Rolloff Law Office for a free consultation --- (612) 234-1165.

Lose Your Minnesota Driver's License?

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Your license may be withdrawn by suspension, revocation or cancellation. If you commit an offense and your license is withdrawn, DPS will send you a notice of withdrawal in the mail (to the address on your license - whether you've moved or not) and a list of requirements for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.

Driving Without a Valid MN License (Explained)

Driving After Revocation (DAR), Driving After Suspension (DAS),Driving After Cancellation (DAC),  and Driving After Cancellation as Inimical to Public Safety (DAC-IPS)  are common additional charges that individuals can end up facing, if their driver’s licenses have been invalidated for a period of time due to a recent Minnesota DWI conviction.

Generally speaking, these offenses are governed by Minnesota Statute 171.24, which reads in relevant part that:

[A] person is guilty of a misdemeanor if: (1) the person’s driver’s license or driving privilege has been suspended; (2) the person has been given notice of or reasonably should know of the suspension; and (3) the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license,” while the person’s license or privilege is suspended, revoked, or canceled.

Also, if a person is operating a commercial vehicle and has been disqualified from holding a commercial driver’s license in Minnesota, that person is guilty of a misdemeanor.

The statute continues to state that a person has committed a Gross Misdemeanor if that:

person’s driver’s license or driving privilege has been canceled or denied” because “the commissioner has good cause to believe that the operation of a motor vehicle on the highways by the person would be inimical to public safety or welfare,” and “the person has been given notice of or reasonably should know of the cancellation or denial; and… the person disobeys the order by operating in this state any motor vehicle, the operation of which requires a driver’s license, while the person’s license or privilege is canceled or denied.

If an individual already has a conviction for one of the charges involving driving without a valid license, the penalty for a second offense is much greater. Minnesota Statute 168.041 subd. 2 asserts that:

if a person is convicted of violating a law or municipal ordinance, except a parking law or ordinance, regulating the operation of motor vehicles on the streets or highways, and the record of the person so convicted shows a previous conviction for driving after suspension or revocation of the person’s driver’s license or driving privileges, the court may direct the commissioner of public safety to suspend the driver’s license of the person for a period not exceeding one year. The court may also require the registration plates of any self-propelled motor vehicle owned by the violator or registered in the violator’s name to be surrendered to the court.

 Driving without a valid driver’s license can put not only an individual’s future driving privilege in jeopardy, but can also potentially lead to license plate impoundment for the vehicle, even if the vehicle belongs to someone else. 

What Should You Do

Believe it or not, most prosecutors and judges believe that a person should have a valid license to drive. So if you find yourself facing a charge such as this, my suggestion to you is to get an experienced Minnesota Criminal Defense Attorney on-board ASAP.  Deals can be made - and the consequences you face do not have to be the most dire.  Don't believe me, call the Rolloff Law Office at (612) 234-1165 and learn how you can preserve your license - even when all fees lost.