Can I Still Drive After a First DWI In Minnesota?

A DWI can be an expensive mistake, but you don’t have to let a criminal charge lead to the loss of your job (or place your education in jeopardy) because you no longer have a valid Minnesota driver’s license. 

The State of Minnesota offers some options for individuals who have lost their privilege to drive as the result of a DWI arrest --- and they can get back on the road if they follow some rules.  You'll find some help here --- but, you should also consider contacting an experienced MN DWI Attorney. 

Keeping Your License After a First DWI

Here’s a look at some options a person would have based on the circumstances surrounding thier DWI arrest.

I.   First DWI, BAC Under 0.16.

License suspended for 90 days. (This is increased to 180 days if the driver is under the age of 21. It can also be reduced to 30 days - for adults - under certain circumstance.)  

Your Driving Options: 

1. Install an ignition interlock, and you’ll retain your driving privileges - instantly; or

2. After 15 days, apply for a limited license that will allow you to drive to and from work, school, court meetings and counseling sessions; or

3. Go without a driver’s license for 90 days.

II.   First DWI, BAC Over 0.16

License suspended for one-year.

Your Driving Options:

1. Install an ignition interlock, and you’ll retain your driving privileges; or

2. Go without a license for one-year.

*** There is NO limited license option

III.   First DUI, Refusal To Take Breathalyzer 

License suspended for one-year.

Your Driving Options:

1. Install an ignition interlock, and you’ll retain your driving privileges; or 

2. After 15 days, apply for a limited license that will allow you to drive to and from work, school, court meetings and counseling sessions; or

3. Go without a license for one-year.

 
For more information about DWIs or Ignition Interlock devices in Minnesota, contact The Rolloff Law Office for a FREE CONSULTATION: (612) 234-1165

Your Second MN DWI Offense

A lot of people that I have worked with - as an experienced Minnesota DWI Attorney - have said: "I will never drink and drive, again."  And then ... "Again" happens.  The State of Minnesota's Drunk Driving laws makes it clear that repeat drunk driving offenders will encounter harsh penalties.

Criminal Penalties

If you hated your first trip to court for a DWI ... you're really going to his like Round 2.  According to the Minnesota Department of Public Safety, law enforcement arrest in upwards of 30,000 people every year for driving while intoxicated. Upon conviction, these people face both criminal and civil/administrative offenses. The public saftey department asserts that people with multiple DWI offenses, over a 10-year period, could encounter the following consequences from a criminal perspective:

For a second offense in which the person’s blood alcohol concentration was under 0.16, the defendant could face a fine of up to $3,000 and up to serving one-year in jail.

For a second offense in which the blood alcohol concentration was at or above 0.016, or for any third offense, the defendant could receive a gross misdemeanor charge that carries with it up to a year in prison and up to $3,000 in fines.

For any fourth offense, a defendant will be charged with a felony and face up to seven years in prison and up to a $14,000 fine.Criminal DWI convictions will remain a part of people’s records for the rest of their lives. 

This can have a serious effect on finding employment and suitable housing, especially when the charge is a felony. Convicted felons also lose some of their constitutional rights, such as owning firearms.
 
Aggravating factors

The above-listed penalties give judges some leeway when handing down a sentence. When there are aggravating factors present, an offender could face the mandatory minimum penalties available under the law. For example, a second DWI offense alone may be classified as a 3rd Degree Gross Misdemeanor.  However, if a child was in the vehicle, the crime, while still categorized as a gross misdemeanor, could lead to a second degree DWI charge and cost you your vehicle.  Additionally, if the defendant caused an accident that led to property damage or the serious injury or death of another person, prosecutors could bring more severe charges.

Test refusal

Minnesota’s implied consent law dictates that anyone who is arrested on suspicion of drunk driving must submit to a chemical test of either the blood, breath or urine. The test will be administered within two hours of the time someone was last driving. Refusing to take the test will have consequences, including automatic revocation of the driver’s license.Just like the above penalties, the repercussions of refusing a test grow more serious with multiple offenses. Someone with no prior convictions faces a one-year's long license revocation. However, anyone with prior convictions will have to add that one-year time-frame to any current license restrictions. 

Administrative Penalties 

As anyone who has been through a DWI knows ... the consquences do not end in the courtroom with criminal sanctions. In fact, for some people, the civil/administrative penalties for DWI can be far more inconvenient. According to the DPS, anyone convicted of multiple DWI charges will have to forfeit their motor vehicle and their license plates will be impounded.The administrative penalties for people with two drunk driving offenses are based on their blood alcohol concentration. For those with a BAC of less than 0.16, they may choose between an ignition interlock device installed on their vehicles and a restricted license for one year, or a total loss of driving privileges for that timeframe. A BAC of 0.16 or over merits the same choices but extends the timeframe to two years.

As an experienced MN DWI Lawyer, I have observed individuals who have three DWI convictions have their driver's licenses cancelled because they have been deemed “inimical to public safety.” To get back to driving, these people often have to enroll in a treatment facility. And ... they will have one year of a limited license with the use of an ignition interlock. After treatment completion, they will have two years of an ignition interlock with a restricted license.

If you or someone you love needs help with another DWI charge, please call The Rolloff Law Office to set up a FREE CONSULTATION: (612) 234-1165

MN Mandatory DWI Sentences (Explained)

 
Minnesota's DWI Laws are some of the toughest in the nation.  And, although a judge might have some discretion as to what your punishment will be --- an experienced Minnesota Criminal Defense Attorney can help get you out of some of the most serious consequences - including some of the "mandatory" conditions.   

BTW, this dog was NOT arrested for a DWI.  But, if he was ... I'd suggest he get FREE ANSWERS from a good lawyer.

Mandatory MN DWI Sentences

If you are a repeat Minnesota DWI offender (within ten years of a past conviction,) there are "mandatory" minimum sentences that judges are "required" by state law to impose.

One thing you need to know ... in the eyes of the Minnesota DWI law, the term “incarceration” can mean more than just jail.  It can also include: remote electronic alcohol monitoring (REAM) or home detention (EHM). 

Here are the "mandatory" sentences the courts are require to impose for repeat offenders:

Second Offense In a Ten Year Period:  A judge must sentence the offender to 30 days of incarceration with minimum of at least 48 hours of time in a jail or workhouse.  

Third Offense In a Ten Year Period: 90 days incarceration minimum --- with at least 30 days of incarceration - served consecutively in a jail or workhouse.

Fourth Offense In a Ten Year Period (a Felony): 180 days incarceration minimum– At least 30 days of incarceration must be served consecutively in a jail or workhouse.  

 
If you or someone you love has caught a DWI charge, you can contact the Rolloff Law Office to learn you options ... and find out how to beat these "mandatory" conditions.  Call today to set up your fee consultation: (612) 234-1165

Minnesota DWI Questions - Answered

If you have been charged with DWI, please review the following information and do not hesitate to seek help from an experienced Minnesota DWI Defense Attorney.

How drunk does someone have to be before they can be convicted of driving under the influence?

In the State of Minnesota, any blood alcohol level of (.08) or higher will subject you to criminal charges and/or a conviction. However, your driving skills are affected from the first drink of alcohol. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over (.08)?
It is not the number of drinks alone that determines how high your blood alcohol levels are. Wine, beer, mixed drinks and hard liquor have different percentages of alcohol so it’s more important to focus on how much total alcohol you have consumed over a certain period of time. Additionally, your impairment and your blood alcohol levels are influenced by gender, age, weight, amount and type of food you have eaten, medications, and other factors.

Do I have to take a blood, breath, or urine test if asked to do so by the police?

The answer is almost always “yes” because refusing to do so is considered a crime, a Gross Misdemeanor, in the State of Minnesota. If you refuse to take a test when you are stopped, your license may be revoked for at least a year --- depending on any "priors" you might have.

I tested under the legal limit and I’m still charged with DWI, is that legal?

The answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if the alleged improper driving conduct establishes that the driver is “under the influence” of alcohol.

How long will I lose my driver’s license?

The length of revocation or cancellation of your driver’s license depends on many factors including your blood alcohol concentration, whether or not you took the test, the number of prior offenses, your age, and the length of time between offenses. Typically, if it is your first offense and your blood alcohol concentration was under (.16), your license will be revoked for 90 days --- but maybe as few as 30. For more information, you should contact The Rolloff Law Office at (612) 234-1165.  

When can I get a work permit (limited license)?

Again, a person’s eligibility for a work permit (limited license) depends upon numerous factors including, but not limited to, blood alcohol concentration, number of prior offenses, and whether or not you took the test. Typically, if it is your first offense and your blood alcohol concentration is under (.16) then you can apply for a work permit 15 days after the expiration of your temporary license.  

How do I get my license reinstated or get a work permit?

Generally, in order to have your license reinstated, or to get a limited license, you must follow the requirements established by the Department of Public Safety. If it is your first offense, you must: (1) pay the reinstatement fee,, (2) make an application for a new license, and (3) take a written test on chapters 7 and 8 of the Minnesota Driver’s Manual. 

If convicted of Drunk Driving, you could face fines, penalties, jail time, and more. Because of these harsh results, you would be making a serious mistake if you took your DUI / DWI lightly! Get the legal help you need from an experienced Minnesota DWI Lawyer. Call the Rolloff Law Office TODAY. (612) 234-1165

Scott County DWI Lawyer

If you have been charged with DWI in Scott County, take sometime to look at the following information and do not hesitate to seek immediate assistance from an experienced Minnesota Criminal Defense Attorney.

How intoxicated does someone have to be before they can be convicted of driving under the influence?

In the State of Minnesota, any blood alcohol level ("BAC") of .08 or higher could subject you to conviction. However, your driving skills are affected from the first drink of alcohol 0 ie., "buzzed" driving. Your ability to pay attention, react, see clearly, maintain coordination, and make good choices are impaired with each drink.

How many drinks can I have before being over .08?
Honestly, it is not the number of drinks alone that determines how high your blood alcohol levels are. Rather ... it’s more important to focus on how much total alcohol you have consumed over a certain period of time. 

Do I have to take a blood, breath, or urine test if asked to do so by the police?

The answer is almost always “yes” because refusing to do so could subject you to a more serious charge, that is easier to prove: Refusing to Test.  If you don't agree to take the test when you are stopped, your license may be revoked for at least a year.

I tested under the legal limit and I’m still charged with DWI, is that allowed?

Sadly, the answer is “yes”. A person can be charged and convicted even if their blood alcohol concentration is below the legal limit if their driving conduct establishes that the he is “under the influence” of alcohol.

Should I hire a Lawyer?

Believe it or not, this is the number one question I get.  To it, I usually say: If you are convicted of Minnesota DWI you could face harsh fines, license revocation penalties, jail time, and more. Because of these consequences, you might be making a big mistake if you took your situation too lightly! Get FREE ANSWERS today from an experienced Minnesota DWI Lawyer (and former prosecutor) Call The Rolloff Law Office at (612) 234-1165.  

Minnesota DWI Effects (Explained)

Many of my clients are anxious to know how a DWI conviction will effect them, and for how long. The concern is that it not only limits your ability to drive --- but it also impacts your employment opportunities, effects insurance rates, carries with it a social stigma, gives you a criminal record, and acts as a "prior" for future DWI charges (heaven forbid.)  As a former prosecutor, and (now) as an expreienced Minnesota DWI Attorney, I have worked on thousands of case ... no two are ever the same, but one thing satys the same: A good defense can help clear the path for less problems in the future.

What You Need to Know

In Minnesota a DWI conviction will stay on your record for life ... and over the next 10 years (after such a conviction goes in against you) it can really cause problems.  Example: a second DWI within that 10 year period dramatically increases the penalties (criminal  and civil) you face if convicted again, and a fourth DWI within the 10 year period is a felony, punishable by sending you to prison.  
I have been successful in negotiating with prosecutors to reduce a DWI charge to a Careless Driving or even a non-alcohol related Reckless driving conviction under certain circumstances. (A lot of this depends on the facts of your case ... but, there is a good amount of wiggleroom (and things you can do to be the person worthy of such a result) but when it happens, it reduces the time a conviction may stay on your record ... even affording you a chance to have the matter Expunged.)  I can also help you to be able to help you keep your drivers license, and lessen the impact on your insurance.

If you want to avoid having a DWI on your record for life, call the Rolloff Law Office to schedule an appointment. I will review the facts of the case and see what if any negotiations can be done to reduce your conviction. Call to set up 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.