Question & Answer
DWI Frequently Asked Questions
Chemical Health Assessments / MADD
A chemical health assessment is a tool that chemical health counselors use to determine where an individuals' use pattern places them on the continuum of dependency. This continuum is based on the DSM-IV-R abuse and dependency criteria. Based upon the results of the assessment, the counselor will make recommendations regarding programing. In most cases the counselor will recommend simply completing a 1-day (level 1) education course. In other cases, the counselor may recommend a multiple day (level 2) chemical awareness class or in some circumstances a chemical dependency treatment program. The important thing is - that whatever the assessor recommends – the court will order you to complete.
In almost all cases it is a very good idea to obtain a private chemical health evaluation (chemical assessment) as soon as possible after you have been charged with a DWI.Minnesota law requires every judge to order any person convicted of a DWI to obtain a chemical health assessment and to follow the recommendations. That means that if your case ends in a conviction, the court will order you to complete one and to attend the recommended program. Having this done early on can assist in getting your case settled in a more favorable manner, and can often times result in the court waiving probation.
PLEASE NOTE: IF YOUR ARE A FIRST TIME OFFENDER AND YOU CASE IS IN HENNEPIN COUNTY, DO NOT OBTAIN A CHEMICAL HEALTH ASSESSMENT. HENNEPIN COUNTY DOES NOT REQUIRE AN ASSESSMENT OR A MADD VICTIM IMPACT PANEL ON A FIRST TIME OFFENSE.
For our client in the Minneapolis / St. Paul area we recommend making an appointment with Lane Leipold with Metropolitan Chemical Health in Bloomington. We have worked with Lane for over 10 years and we trust that he will not recommended excessive programming. Unless you have a sincere desire to enter into a chemical dependency treatment program, we do not recommend using your medical insurance for the assessment, as it has been our experience that those with medical insurance coverage are more likely to obtain a recommendation of chemical dependency treatment. If you would like to make an appointment with Lane, please call him at 952 888 7010.
Driver's License
Your license was likely revoked 7 days after your offense. The length of the revocation will depend on your test results and your prior driving record. For first time offenders with test results over .08 but under .16, the revocation period is 90 days. This is the only category of driver that is eligible for a limited license / work permit (waiting period of 15 days). If your test result was over .16 or if you have had prior alcohol related driving incidents, the revocation period will be between 1-6 years and you will not be eligible for a limited license. However, all drivers are eligible to participate in the ignition interlock program which is described below.
Minnesota’s ignition interlock program provides driver’s an opportunity, often without restriction, to drive even when their driver’s license is revoked. The driver must agree to install an ignition interlock device in their personal vehicle during the revocation period. The device is installed by an maintained by a private interlock company. There are many vendors to choose from. A list of vendors as well as the program guidelines as well as application forms can be found on the Minnesota Ignition Interlock website.
https://dps.mn.gov/divisions/dvs/programs/mn-ignition-interlock
All drivers who have been revoked for a DWI are eligible to participate in ignition interlock. If this is your first or second offense in the past ten years, you have the option to either wait out the revocation period or to participate in the interlock program. If this is your 3rd offense or more, DPS will require you to participate in the program before you are ever eligible to drive again.
https://dps.mn.gov/divisions/dvs/programs/mn-ignition-interlock
All drivers who have been revoked for a DWI are eligible to participate in ignition interlock. If this is your first or second offense in the past ten years, you have the option to either wait out the revocation period or to participate in the interlock program. If this is your 3rd offense or more, DPS will require you to participate in the program before you are ever eligible to drive again.
A stay of revocation is a temporary emergency order from the court ordering DPS to temporarily reinstate your driver’s license. In almost all cases your lawyer will make this request of the court as soon as our law firm has been retained. The Judge is not required to temporarily reinstate your license but a majority will. If we have requested a stay of your revocation, the court will issue an order granting or denying the request within about 5 business days. If the court grants the request it often takes DPS a day or two to update its driver’s database. It is important that you not drive until your status shows as valid in the states driver’s license system. You can monitor your driver’s license status at the DPS website. https://dps.mn.gov/divisions/dvs/Pages/default.aspx under “check driver’s license status”.
Hennepin and Ramsey counties will temporarily reinstate all driver’s who request it. In all other counties, it is up to the assigned judge.
If your plates were impounded or you received a notice of plate impoundment, you will be required to apply for a provisional plate (whiskey plate) at the DMV. In all cases the plate revocation is for one year. Please take note that your lawyer will likely be asking the court to stay the revocation/impoundment of your plates while your case is pending.
A new 2018 law passed in Minnesota now requires the revocation of a person’s ATV, Snowmobile and Boating privileges, if the person is CONVICTED of a DWI. In almost all cases, the revocation of these privileges does not occur unless and until there is a conviction. If you have any questions about loss of your ATV, snowmobile or boating privileges, please make an appointment to talk with your attorney.
Sealing of your criminal record
Minnesota passed a new law in 2016 called the “fresh start law” which allows for misdemeanor and gross misdemeanor convictions to be sealed / expunged from your record. The waiting periods for expungement are as follows.
