DWI And Driver’s License Revocations – What You Need To Know!
For most people arrested for DWI, the most urgent and important priority is figuring out how you can drive again. Often your first court date won’t be for weeks or even months after being arrested, but your driver’s license is taken away 14 days after your arrest.
Dealing with DWI driver’s license consequences means navigating complicated DMW rules, long waits on hold or in lines, and sometimes working with an ignition interlock vendor. This guide is meant to provide clear guidance for people who find themselves with a revoked driver’s license because of a DWI. An experienced DUI attorney understands license reinstatement options and is able to assist you in navigating the legal and administrative challenges that follow a DWI arrest.
First, it’s useful to define a few terms. In general, there are three options for people who have had their license revoked due to a first in a lifetime DWI:
Wait it out. For some revocations, the driver can simply not drive for the period of the revocation and then get their full license back once the revocation is up and they pay a reinstatement fee and apply for a new driver’s license.
Work permit. In some situations, it is possible to get a limited license which is commonly called a “work permit”. A work permit is a form of limited license that allows the driver to commute to and from work and other necessary travel such as doctor’s appointments, substance abuse treatment programs, etc. For people who are eligible, they must wait for 15 days after the expiration of their 14-day temporary license before obtaining the work permit.
This means that there is a 15-day period where you cannot drive before you are eligible for a work permit. This option also doesn’t work well for people who work odd or irregular hours. The DMW will want specific times for your commute, such as 8:00-9:00 a.m. and 5:00-6:00 p.m. If you don’t have regular, scheduled work hours, a work permit may not be an option for you. You also need to pay a reinstatement fee and apply for a new driver’s license before being eligible for a limited driver's license.
Ignition Interlock. Ignition interlock is a device that is installed in your vehicle. You must blow into the device before your car starts and provide periodic samples while driving. If the device detects alcohol in your system, it prevents the car from being started.
Advantages of the interlock program are that you can get enrolled immediately (there’s no 15-day waiting period as there is with the work permit). This allows you to never actually miss a day driving. It also allows you to drive anytime, anywhere.
Disadvantages are that the program is costly, the device can be finicky to operate, the embarrassment of having people see you blowing into the device to start your car, and additional time is added if you receive failed tests. You must both install the device and be enrolled into the program through the Department of Public Safety to be eligible for interlock and pay the reinstatement fee and apply for a new driver’s license. Just having the device installed does not make you valid!
Who’s eligible for which program? That’s relatively straightforward. Please note, however, that the information above applies only to DWI cases. If you’ve been charged with criminal vehicular operation/homicide (meaning someone was injured or killed because of your impaired driving), different rules apply.
For people arrested for their first DWI, all three options are available. Note that “first DWI” means that you haven’t had a DWI in the previous 20 years. One other exception – if you took a test and the result was .16 or more, then the work permit option is NOT available to you.
What About Repeat Offenders?
For those with prior DWIs on their record, determining who is required to have interlock and who wasn’t is complicated and depends on how many priors, how long ago the priors were, and whether the test was refused or what the test result of the current DWI were.
Last year, in response to the tragic incident at Park Tavern in St. Louis Park, the legislature passed new laws that simplify when and substantially increase the length of time and who is mandated to have interlock.
If you have one prior DWI within the past 20 years, you will be required to be on interlock for two years. It doesn’t matter whether you refused the test or not, or whether your test was above or below .16. You are required to do two years of ignition interlock before the state gives you a regular driver’s license.
If you have more than two prior DWIs in your lifetime (even if they are both more than 20 years old), then you are required to do ignition interlock. Work permits and the option of just waiting out the revocation period are no longer an option for people with multiple prior DWIs. Period. The only question is how long these individuals are required to be on interlock.
3 prior lifetime DWIs: 6 years of ignition interlock.
4+ prior lifetime DWIs: 10 years of ignition interlock.
What Else Do I Need To Know?
In some counties, if you file an implied consent petition (also known as a “Petition for Judicial Review”) challenging the revocation of your driver’s license in court, you can also request temporary reinstatement of your driver’s license. If granted, the revocation of your license will be stayed, or paused, while the cases play out in court.
This means that your full license is restored while the cases are pending. But, if your challenge to the license revocation is denied, you’ll be back where you started and subject to the rules set forth above. Deciding whether to file the implied consent petition and whether to seek temporary reinstatement is a decision that you should make after consulting with a qualified attorney who can advise you of the pros and cons of your options.
Also note that, as strange as it seems, the above applies not only to alcohol DWIs, but controlled substance cases, too. The ignition interlock only detects alcohol and doesn’t test for controlled substance impairment. Even so, Minnesota law requires people arrested for controlled substance offenses (DWIs) to participate in interlock just like those involved in alcohol-related DWIs.
For guidance on DWI charges, license revocation issues, and ignition interlock requirements, please contact Scott L. Anderson at 763-422-8664 or email at andersonlaw@att.net for a free confidential phone consultation. Please call, you’ll be glad you did.
