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Two triggers:
Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired) and that the person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or the presence of a controlled substance listed in Schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then the commissioner shall revoke the person’s license or permit to drive, or nonresident operating privilege as provided in section 171.178.
Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), and that the person refused to submit to a test, the commissioner shall revoke the person’s license or permit to drive, or nonresident operating privilege, even if a test was obtained pursuant to this section after the person refused to submit to testing.
What the officer does at the scene
On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test shall serve immediate notice of intention to revoke and of revocation on a person who refuses to permit a test or on a person who submits to a test the results of which indicate an alcohol concentration of 0.08 or more.
The officer shall: (1) invalidate the person’s driver’s license or permit card; (2) issue the person a temporary license effective for only 14 days; and (3) send the notification of this action to the commissioner along with the certificate required by subdivision 3 or 4.
A revocation under this section or a disqualification under section 171.165 (commercial driver’s license disqualification) becomes effective at the time the commissioner or a peace officer acting on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or both, and of revocation or disqualification.
What if you do not have a Minnesota driver’s license
If the person is a resident without a license or permit to operate a motor vehicle in this state, the commissioner shall deny to the person the issuance of a license or permit after the date of the alleged violation for the same period as provided in this section for revocation, subject to review as provided in section 169A.53 (administrative and judicial review of license revocation).
How a search warrant changes the process
After executing a search warrant for the collection of a blood or urine sample based upon probable cause of a violation of section 169A.20, the peace officer shall certify to the commissioner of public safety when a person refuses to comply with the execution of the search warrant, or if a person submits to the test and the test results indicate an alcohol concentration of 0.08 or more.
On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test pursuant to a search warrant shall serve immediate notice of intention to revoke and of revocation on a person who refuses to permit a test or on a person who submits to a test, the results of which indicate an alcohol concentration of 0.08 or more, and the officer shall issue the person a temporary license effective for only seven days.
Challenge window:
Within 60 days following receipt of a notice and order of revocation pursuant to section 171.177, a person may petition the court for review, and the filing of the petition does not stay the revocation, disqualification, or denial.
Revocation after a DWI conviction
The commissioner shall revoke the driver’s license of a person convicted of violating section 169A.20 (driving while impaired) or an ordinance in conformity with it as provided in section 171.178.
On behalf of the commissioner, a court shall serve notice of revocation or cancellation on a person convicted of a violation of section 169A.20 (driving while impaired) unless the commissioner has already revoked the person’s driving privileges or served the person with a notice of revocation for a violation of section 169A.52 or 171.177 arising out of the same incident.
Same-incident rule:
Any person whose license has been revoked pursuant to section 169A.52 or 171.177 as the result of the same incident, and who does not have a qualified prior impaired driving incident, is subject to the mandatory revocation provisions of subdivision 1, clause (1) or (2), in lieu of the mandatory revocation provisions of section 169A.52 or 171.177.
License plate impoundment
The commissioner shall issue a registration plate impoundment order when a person’s driver’s license or driving privileges are revoked for a plate impoundment violation, which includes a violation of section 169A.20, 169A.52, or 171.177 while having an alcohol concentration of twice the legal limit or more as measured at the time, or within two hours of the time, of the offense.
Getting your license back
Upon expiration of a period of revocation under section 169A.52 (license revocation for test failure or refusal), 169A.54 (impaired driving convictions and adjudications; administrative penalties), or 171.177 (revocation; search warrant), the commissioner shall notify the person of the terms upon which driving privileges can be reinstated, and new registration plates issued, which terms are: (1) proof of compliance with any terms of alcohol treatment or counseling previously prescribed, if any; and (2) any other requirements imposed by the commissioner and applicable to that particular case.
Questions people ask about DWI license revocation in Minnesota
How long do I have to challenge a DWI license revocation?
Within 60 days following receipt of a notice and order of revocation or disqualification pursuant to section 169A.52 (revocation of license for test failure or refusal), a person may petition the court for review.
Does filing a petition stop the revocation while the case is pending?
The filing of the petition does not stay the revocation, disqualification, or denial.
Can I ask the commissioner to review the revocation without going to court?
At any time during a period of revocation imposed under section 169A.52 (revocation of license for test failure or refusal) or a period of disqualification imposed under section 171.165 (commercial driver’s license disqualification), a person may request in writing a review of the order of revocation or disqualification by the commissioner, unless the person is entitled to review under section 171.166 (review of disqualification).
Can I get a limited license after a DWI revocation?
The commissioner may issue a limited license to the driver under the conditions in paragraph (b) in any case where a person’s license has been revoked, canceled, or denied under section 169A.52: (A) subdivision 3, paragraph (a), clause (1) or (2); or (B) subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration of less than twice the legal limit.
What circumstances qualify someone for a limited license?
The conditions for a limited license include: (1) if the driver’s livelihood or attendance at a substance use disorder treatment or counseling program depends upon the use of the driver’s license; (2) if the use of a driver’s license by a homemaker is necessary to prevent the substantial disruption of the education, medical, or nutritional needs of the family of the homemaker; or (3) if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver’s license.
Is there a waiting period before a limited license is available on a first offense?
A limited license must not be issued for a period of 15 days, to a person whose license or privilege has been revoked or suspended for a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177, or a statute or ordinance from another state in conformity with either of those sections.
What happens if I violate the conditions of a limited license?
A person who violates a condition or limitation of a limited license issued under subdivision 1 or fails to have the license in immediate possession at all times when operating a motor vehicle is guilty of a misdemeanor.
Can I use a limited license for commercial driving?
The commissioner shall not issue a class A, class B, or class C limited license.
Talk with Martine Law about DWI license revocation
Acting quickly after a DWI stop gives you the most options. Martine Law handles DWI matters across Minnesota. Call for a free, confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly. Phones and chat are answered 24/7, with AI covering when no staff is free. Criminal defense consultations are free. Your consultation is with our Director of Client Engagement, not an attorney. If you hire us, an attorney handles your case.
For an overview of the law and how we help, see our Minnesota DWI defense page.
