Minnesota Interlock Program


Interlock is now a reality in Minnesota as of August 1, 2011. The program allows persons that have had their licenses revoked for alcohol related offenses the ability to drive if they have Interlock installed in their vehicles. Interlock may be unrestricted driving privileges (no work permit) in many instances.

A number of factors determine if, and for how long, you will be eligible for Interlock. The factors include: Number of prior alcohol related offenses and your alcohol test result (breath, blood or urine test). In some instances your Interlock privilege will be restricted (work or limited license).

For first offenses where you test .16 or more your license will be revoked after a seven day temporary permit for a period of one year. Your option is to challenge your Implied Consent Revocation or get enrolled on the interlock program.

Once your license is revoked you will be without driving privileges for varying days based on what you were charged with and how many prior DUI offenses you have on your driving record.

For example, if you had one prior offense within the past ten years and you tested over .08 but below .16 you would not be eligible for driving until 1 year has passed. You would have to enroll in the Interlock program to be able to drive. Remember: each case is different and unique.

For first offenses where you test .159 or less your license will be revoked after a seven-day temporary permit for a period of 90 days. For example, for first time offenders where the test was over .08, but below .16, you would be eligible for driving after 15 days. You would be eligible for a limited license (work or school permit) for 75 days, a total of 90 days. Your options are to challenge your Implied Consent Revocation, accept the license consequences stated above, or get enrolled on the interlock program.

DUI cases with prior offenses require differing length of Interlock time, limited license availabilities and required sober periods.

The Interlock Law now makes an extremely complicated DUI case even more confusing and the clients need for experienced representation even more critical.

A License is a Privelage not a Right

At the same time that you are charged with a criminal offense (DUI or DWI) you are also given notice that your license is soon to be revoked and you have a 7-day temporary license before the revocation begins. This part of the process is commonly referred to as the Implied Consent. It is called this because when you become a licensed driver you give implied consent for an officer to question you if the officer believes you have been drinking. Your driver’s license is a privilege and not a right.

30 Day Absolute Time Deadline

You have 30 days from the date of the stop to challenge any issues with regards to your license being revoked. This is an absolute deadline.

Once your license is revoked you will be without driving privileges for varying days based on what you were charged with and how many prior DUI offenses you have on your driving record. For example, for first time offenders where the test was over .08, but below .16, you would be eligible for driving after 15 days. You would be eligible for a limited license (work or school permit) for 75 days, a total of 90 days. Remember: each case is different and unique and you should consult an attorney with your specific scenario.

For first offenses where you test .16 or more your license will be revoked after a seven-day temporary permit for a period of one year. Your option is to challenge your Implied Consent Revocation or get enrolled on the interlock program.

Each Case is Unique

It is critical to analyze both the Implied Consent issues and the criminal issues. To win a DUI case you have to attack both and prevail.

Whenever a case is analyzed it is critical to investigate and become familiar with all of the details about the reason you were stopped or approached by police, what procedures the officer(s) used during the stop and subsequent arrest, the type of test you submitted to or if you refused, what is contained in your prior criminal/traffic history, what the officer read you when you were arrested, were you allowed to contact an attorney, and many other variables.

The police report needs to be examined in detail to complete the analysis. It is important to have both views of the case prior to developing a strategy with regards to your case.

Search for Defenses

Whenever a case is being analyzed Scott first looks for defenses. If there are defenses then he explores those in detail prior to moving forward with the criminal case and your license revocation case. If there are not defenses then it is his job to get the best possible result for you and get your license returned to you as quickly as possible at the most reasonable and affordable cost.

It is imperative to begin analyzing your case immediately since there are time deadlines that must be met or the issue(s) are forever waived and lost. Anderson Law Office provides a FREE PHONE CONSULTATION.

THANK YOU FOR CONSIDERING ANDERSON LAW OFFICE

Please contact Scott L. Anderson at 763-422-8664, or e-mail him at andersonlaw@att.net.


TESTIMONIAL

“Scott ranks among the best and, more importantly, he truly cares for each and every client”

I am a criminal defense attorney and have known “Scottie” for over 20 years. As a lawyer, Scott ranks among the best and more importantly he truly cares for each and every client. I have confidently referred him many difficult cases and he has always handled them to the client’s complete satisfaction.

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