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Your license may be withdrawn by suspension, revocation or cancellation. If you commit an offense and your license is withdrawn, DPS will send you a notice of withdrawal in the mail (to the address on your license - whether you've moved or not) and a list of requirements for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

Top 5 Police Mistakes (DWI Arrests)

Police are human and as such they make mistakes.  An experienced Minnesota Criminal Defense Attorney will find those errors and work them to your benefit - winning you the outcomes you desire  including the possibility of getting your case dismissed. These are the Top 5 mistakes your lawyer should look for.

#1 - Did the Police Have a Reason to Pull You Over?

Cops can't stop a vehicle on a hunch or because you look "funny." To be a valid-legal stop, an officer must sufficiently explain to the Court why he pulled you over - such as observing a violation of the law, like Speeding. However, if he can't do that, then any/all of the evidence he gathers after that should be dismissed. 

#2 - Did the Officer Assume Too Much?

If the officer notes an odor of alcohol coming from your vehicle - did he just assume that that odor meant that you were intoxicated?  Granted, such an odor might support an assumption that someone has been drinking; however, it is by no means an indication of intoxication.  If this is all the officer is relying you - your attorney might be able to make an argument that could see the charges against you reduced and/or dismissed.

#3 - The Field Sobriety Tests

These roadside gymnastics have taken on an all to real importance in Drunk Driving cases, as such they are ripe for ferocious argument when mounting a vigorous DWI defense. Areas that an experienced Minnesota DWI Attorney needs to attack are: (a.) did the officer fail to disqualify you if you were physically unable to pass these exercises; (b) were the tests conducted in an unfair manner - under less than ideal circumstances; (c.) were you properly instructed as to how to perform the tests; and (d.) does the officer know how to assess one's performance on these tests.

#4 -  The Implied Consent Procedure

Prior to requesting a sample of your blood, breath or urine, you must be informed of your right to an attorney. If an officer failed to do this and/or make resources available to you to contact a lawyer - then a real strong argument can (and should) be made that the results of the test you take should be excluded in their entirety. Test results should also be excluded

If the results are suppressed, your case is all but done - because the blood alcohol number is often the only thing that cases such as this turn on. 

#5 - Test Refusal - Did You Really Refuse?

If law enforcement decide that you refused the test (which is often more complicated when someone actually agrees to the test, but the officer reads their behavior to mean otherwise) a question can always be raised about whether you actually refused. A good Minnesota Criminal Defense Attorney will seek to address whether you were ever asked about any physical problem you might have had that made taking the test impossible or whether you were ever given the option to perform a test other than blood, breath or urine.

What Should You Do?

If you're like most people, you probably didn't know that the police made the kinds of mistakes that I've just laid out and/or you didn't know know that these mistakes could significantly help your case. Well, believe me - they can.  Big Time.

Since leaving the county attorney's office, I've used the inside knowledge I've been given to to defend individuals who've been charged with Drunk Driving.  As a former prosecutor, I know exactly what needs to be in a police report and/or testified to in court.  If it isn't there - I'll effectively make an argument to the court that could see your charges reduced (or dismissed) and your license re-instated.

If you've been arrested for a Minnesota DWI, you need experienced legal representation right away. Call the Rolloff Law Office to set up a free, no obligation consultation and I'll explain exactly what I can do to help you. Call today - (612) 619-0262.

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. 

Ignition Interlock (Explained)

As of July 1, 2011, the DWI laws have changed here in the State of Minnesota and as such the Department of Motor Vehicles (DMV) has stopped issuing work permits or limited driver’s licenses to first-time DWI offenders whose alcohol concentration are found to be above (0.15) - and all to any repeat Drunk Drivers. 

In place of these long-standing remedies, the DMV has begun an Ignition Interlock program. 

Ignition Interlock?

An ignition interlock is a device that a driver blows into prior to starting his or her vehicle (and occasionally after the vehicle has been started.) If the device detects alcohol in the driver's breath, it "locks" the driver out. Theoretically, if the device is in a car and working properly, the driver won't be able to start the car and won't run the risk of driving drunk. As a result, everyone is safer, right?

Granted, the program does allow for drivers to regain their full driving privileges more quickly, in some cases as soon as they can be set up the program, after a Drunk Driving arrest; however, it ain't going to be cheap.  And, if you can't pay - you can't drive.

Ignition Interlock - Is it for You?

I can't deny that this program will be particularly beneficial for drivers whose licenses have been canceled as Inimical to Public Safety (IPS) or for those individuals who have had multiple alcohol-related driver's license revocations or DWI convictions - because it may allow those most drivers to actually regain their licenses in a reasonable amount of time.  (Prior to such a program, a driver canceled IPS had almost no option other than to wait out the entire cancellation period.)

However, due to the fact that these new laws could impact 1st time offenders - with relatively low alcohol concentrations - the question remains: Will it hurt more alleged violators than it helps?

For those who are willing to comply with the program's requirements, a huge disadvantage is that it can be quite expensive. In addition to the driver's license reinstatement fee you must pay (of aproximately $680.00) you could also be assessed certain application fees to even get into the program.  You might also be ordered to complete (or at least enroll in) certain chemical treatment and/or health assessment programs.

Coupled with those costs, the Ignition Interlock device (and the monitoring equipment) also comes at a price.  As of the now, it's believed that to install it will set you back aproximately $100 - and to operate it --- that could top out at something approaching a $125 each month.  All in all, if your license is revoked for up to a year - you're looking at a total cost approaching $2,000 or more.

How Will This Impact You?

The program's requirements will vary depending on your driver’s license status - whether your license has been revoked or canceled and/or if you have previous revocations or cancellations for Drunk Driving on your record.

Sometimes practical considerations also might come into play such as: What if you must drive a work vehicle or what if your spouse also drives your car?

Because this program is a new one, a number of kinks are going to need to be worked out - and unfortunately these "common" problems aren't always going to come with easy answers.

What Should You Do?

If you are facing a loss of your driver’s license, because of a Drunk Driving Arrest, the best thing you can do is to speak to an experienced Minnesota DWI Attorney today.  Get the answers you need - and the defense you deserve.