• Home
  • Practice Areas
  • About
  • Success Stories
  • News
  • FAQ
  • Contact

DUI/DWI

DWI-DUI LAW – CIVIL MINNESOTA DWI CIVIL PENALTIES

When an individual is charged with a Minnesota DWI, not only can they be punished criminally, but the Minnesota DMV also imposes significant civil penalties. It is important to understand the difference between criminal and civil penalties, as each is completely independent of the other. Even when an individual successfully defends a criminal Minnesota DWI charge, DPS may impose several civil penalties on the driver. The most common civil penalty imposed in Minnesota is revocation of a person’s driver’s license. In addition, Minnesota DWI laws provide that all license plates for all vehicles owned by the DWI offender impounded or destroyed. Repeat Minnesota DWI offenders can even expect to be faced with a vehicle forfeiture.

NOTE: THE CIVIL AND CRIMINAL MATTERS ARE SEPARATE AND UNRELATED – A CIVIL ACTION MUST BE BROUGHT BY THE OFFENDER AGAINST THE STATE OF MINNESOTA. THERE IS A TIME LIMIT (USUALLY 60 DAYS) FOR CONTESTING LICENSE REVOCATION AND VEHICLE FORFEITURE. (A DWI Minneapolis lawyer with the experience and knowledge to fight the civil penalties should be consulted as soon as possible to avoid losing your chance to contest the civil penalties!)

MINNESOTA DRIVERS LICENSE PENALTIES

The state of Minnesota, has passed some stringent laws to encourage drivers to operate their vehicles in a safe and responsible manner. The Department of Public Safety, revokes 30,000 Minnesota drivers’ licenses each year. A first-time Minnesota DWI offender will expect a to lose their driver’s license for a period of 90 days. However, a first-time DWI offender who is over twice the legal limit will face a 1 year revocation. A second-time offender will face a minimum 1 year revocation and up to 2 years if they refuse testing or if the test result is over twice the legal limit. The driver’s license revocation period increase for each successive DWI violation and can result in cancelation of driving privileges. Certain factors will double the revocation period (i.e. driver under 21 years of age, test refusal, or having a passenger in the vehicle under 16 years of age).

Following the period of Minnesota driver’s license revocation, the offender must pass an alcohol/controlled substance-related knowledge test; apply for a new Minnesota license; and pay a $680 reinstatement fee. Talk to a DWI lawyer Minneapolis if you have prior DWIs or alcohol related revocations even if they are over 10 years old as a special review or rehabilitation may be required.

PLATE IMPOUNDMENT

Minnesota DWI laws require the license plates of certain DWI offenders be impounded or destroyed. When a person is charged with a Minnesota DWI offense, and they have a prior DWI or test over twice the legal limit, they are subject to plate impoundment. Plate impoundment is an administrative sanction that can be imposed immediately. Police will often remove the plates from the vehicle at the time of arrest.

Under Minnesota Statute section 169A.60, Minnesota DWI laws provide that the Commissioner of Public Safety can issue a registration plate impoundment order when the following conditions occur:

1. First alcohol or controlled substance incident AND one of the following:

  • BAC reading of .16 percent or more, or
  • There is a passenger in the vehicle under the age of 16.

2. The offender has one or more qualified prior impaired driving violations within the previous 10 years.

3. If a person is arrested for DAC/IPS (DRIVING AFTER CANCELLATION) after having been declared by the Department of Public Safety as being INIMICAL TO PUBLIC SAFETY).

The impoundment period is for a minimum of one year or until the person subject to the impoundment order is validly re-licensed to drive, whichever is longer.

Call a DWI lawyer Minneapolis at Steele Law PLLC now at 612-605-0722