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Your license may be withdrawn by suspension, revocation or cancellation. If you commit an offense and your license is withdrawn, DPS will send you a notice of withdrawal in the mail (to the address on your license - whether you've moved or not) and a list of requirements for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

Minnesota DWI Conviction - SR-22 Insurance Form (Explained)

One of the hidden penalties of a Drunk Driving arrest, as discussed earlier, is the impact on your motor vehicle insurance. If you've been recently convicted of a Minnesota DWI you may be required to file an SR-22 Insurance Form before you can apply for the reinstatement of your driver’s license. 

As with all DWI related issue, it is important that you discuss this issue with an experienced Minnesota Criminal Defense Attorney to explore the options applicable for your specific situation.

What's an SR-22 Form; Why Do I Need One?

An SR-22 is an insurance certificate that individuals who have been convicted of DWIs and/other related offenses maybe required to submit. Generally, the form is filed by your insurance provider and is meant to prove your financial responsibility through a sufficient and existing liability insurance policy that you have with that provider.  If required such a form is required, you are often obliged to maintain an SR-22 insurance policy for at least three years, depending on the nature of your conviction.

The types of SR-22 forms that may apply if you've been convicted of Drunk Driving include: (i.) an Operator’s Certificate for when do not own a vehicle; (ii.) an Owner’s Certificate for vehicles you own; and (iii.) an Operators-Owners Certificate for owned and non-owned vehicles that you may use.

Where Do You Get SR-22 Insurance Policy Forms?

Auto insurance providers, who specialize in SR-22s, will have these forms. However, I would caution you to shop around - because some providers charge higher premiums than others. Shop around; remember, you're going to be required to carry this level of coverage for at least three years, you are going to need to factor cost into any decision to go with a vehicle insurance provider,  If you need help, contact your Minnesota DWI Attorney for a recommendation.

Then, once you settle on an insurance provider, you have to pay the processing fee and wait for the agency to send the proper request to the Minnesota Department of Public Safety - this usually takes approximately 30 days. If you're approved - you will receive the SR-22 form from the insurance company and a letter from the department stating the details of it.

One Important Reminder!

Never let your SR-22 lapse. Insurance providers are required by law to immediately notify the state if your SR-22 coverage runs out.  If that is the case - you could see your license revoked and you may have to go through the whole SR-22 procedure again - this could also include starting the three-year minimum period starting all over again too.

What Should You Do?

If you have been convicted of Drunk Driving, one of the most important discussions you'll have to have with your Minnesota DWI Attorney is on the whole SR-22 issue. Know this, the process isn’t easy, but with some assistance I do believe that you’ll find that it is in your best interest to submit to it if you wish to regain your driving privileges as soon as possible.


If you've been charged a Minnesota DWI call the Rolloff Law Office at (612) 619-0262 and have me review your case for free. 

DWI Consequences - The Non-Criminal Ones

The criminal, civil and emotional consequences of a DWI arrest (and conviction) can be far reaching. The State of Minnesota, apparently expressing its rage at a certain lack of social responsibility, is increasingly levying stiffer criminal penalties on offenders - including assessing HUGE fines and LONG jail sentences. In addition to the criminal consequences that you could face if you are ever convicted of Drunk Driving, the "pain" does not stop there. If the government gets its way, you could also lose your driver's license, your license plates and even your vehilce.

Here are some of the potential Civil Consequences you could be subject to if you are ever found guilty of a Minnesota DWI.

1 - Driver’s License Revocation - Often more problematic than the fines you could be forced to pay and the prospective jail sentence you could be asked to serve is the loss of one's privilege to drive. Think about it, most of us drive ...  everywhere? You need to drive to work, to the grocery store, to take your kids to school, to day care, etc.  Well, if your charged with a DWI (yes, just charged - you don't even have to be found guilty to suffer this consequence) - you could lose your driver's license for a substantial period of time. 

Depending on your history - whether you've had your license suspended/revoked previously as the result of drinking and driving - the actual amount of time you will "lose" your license can vary. 

As an example:

For a 1st time, Misdemeanor DWI offense - your license can be revoked for up to 90 days; however, there does exist the chance that you could see it re-instated as soon as 30 days into the process. 

For a 1st time, Gross-Misdemeanor offense (where you were tested and your blood, breath or urine returned a Blood Alcohol Content ("BAC") result of .20 or greater) you could lose your driver's license for up to 180 days. If this was the 1st time you were ever stopped for DWI and you refused to submit to testing - your license could be pulled for up to 1 year.

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As a point of explanation, "1st time" DWI includes first ever offenses and any 2nd, 3rd, 4th, etc offense - if those additional offenses occurred at least ten years after your last such offense.

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On a 2nd (in ten years) Minnesota DWI where your blood, breath or urine test returns a result of .08 or more - but less than .20 - you could lose your license for up to 6 months. If you refuse to test and/or your test result was .20 or greater - then it will be pulled for one-year.

A 3rd DWI Minnesota DWI where your blood, breath or urine test returns a result of .08 or more - but less than .20 - and/or if you refuse to submit to a test, you driver's license could be revoked for up to a year. If the test is over .20, then it could be two-years.

A 4th DWI - incurred over a ten year period - where your blood, breath or urine test result is .08 or more - but less than .20 - and/or if you refuse to submit to a test - the revocation period is three-years. If your test came back at .20 or more, then it could be six.


What most people, who fail to hire a Minnesota DWI Attorney, fail to appreciate is that in order to preserve you driver's license - you have to challenge the validity of the revocation in a proceeding that operates outside of your Criminal case. 

Although this is not the full list of the potential consequences you could suffer, know this: an experienced Twin Cities Drunk Driving Lawyers can fully inform you and assist you in this process. If you're facing a DWI charge, the first, best step you can take is to immediately speak with a lawyer - and learn your rights.

2 - You Could Lose Your License Plates -  Here's one that always baffles even me - a DWI arrest might cause you to lose you vehicle's license plates. As a matter of fact, you could also have the license plate on every vehicle titled in your name pulled. Now, you will get new plates - but you're probably not going to like them because they're the well-known, embarrassing, and non-too-attractive "Whiskey Plates."

Plate impoundment is, like the potential loss of your driver's license, an administrative sanction that can be imposed quickly and in most cases occurs subsequent to a Drunk Driving arrest - and a conviction is not required.

Your plates could be subject to impoundment if any one of the following factors exists:

a.You have a prior DWI violation - sometime in the past 10 years;
b.The test result in your current DWI arrest is .20 or greater;
c.The DWI occurred at a time when there was a minor (someone 16 or younger) in the vehicle at the time; and
d.You were arrested for the offense of Driving After Cancellation (of your driver's license) whether or not you were intoxicated or not.

As a direct result of a Minnesota DWI offense, more than just the vehicle you were driving at the time of the above-listed offense.

The vehicles that could also be subject to plate impoundment include:

a.The vehicle used in the current offense - even if you're not the owner; and
b. Any other vehicles owned, registered, or leased individually in your name alone or jointly in your name and that of another person.

As with driver's license revocations, plate impoundments operate on a fairly tight deadline schedule. Failure to comply - or request a hearing within in the time set out in the impoundment notice (usually 30 days) will result in your inability to challenge the government's impoundment.

3 - The Government Can Take Your Vehicle - If you are charged with a crime in which a vehicle was used - like a DWI, your vehicle may be subject to forfeiture.

Minnesota DWI laws - specifically as it relates to 2nd Degree and/or Felony DWI offenses - provides that the forfeiture of the vehicle used in connection with a DWI is presumed - meaning that it can be taken without a ruling from a judge, unless you takes action to prevent it. Should a you wish to stop the forfeiture, you must file a judicial demand for forfeiture within 30 days of receiving the state's notice.

There are many legal ins-and-outs when it comes to vehicle forfeitures. Know this, just because the government says they intend to take your vehicle does not mean that they will get to.

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As you can see, from your driver's license, to your vehicle's license plates, to the vehicle it self - getting a DWI in Minnesota means much more than a fine and the possibility of jail or community service. Therefore, it is important that you speak to an experienced Minnesota DWI Lawyer. He or she should be able to examine your case, explain what consequences you could be facing (both the criminal and the civil) and set forth a strategy to fight for you in court.