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A Minnesota DWI can lead to a separate license revocation before the criminal case ends. The applicable period depends on the notice, test or refusal, age, qualified prior incidents and any later conviction. Check your actual driving status and review deadline promptly.
A DWI case can involve both criminal charges and a separate action affecting your driving privileges. Minnesota law commonly calls the test-related action a revocation. Read the notice carefully rather than assuming that an arrest automatically establishes the effective date or duration of every license action.
For help understanding the issues, see our Minneapolis DWI defense practice.
How long does a DWI license revocation last?
Under section 171.178, specified test-failure cases with no qualified prior incident within 20 years have minimum periods of 90 days, 180 days for certain drivers under 21, or one year at twice the legal alcohol limit. Specified refusal cases start at one year.
The repeat-incident provisions address one qualified prior incident within 20 years or two or more qualified prior incidents; the latter category is not limited to a 20-year lookback. Counting rules and interlock requirements need individual review.
Conviction-related periods differ from test-based periods. The 2026 amendment to subdivision 5 addresses their interaction for the same incident, with an exception involving the child-passenger aggravator. Do not treat a pre-conviction period as the final result.
Compare our related guides on first-time and repeat DUI penalties and second DUI penalties. Have counsel reconcile the notice and driving record before relying on a general chart.
Read the notice and act on the review deadline
The temporary license issued in the process specified by section 169A.52, subdivision 7, lasts 14 days. The 2026 amendment to section 171.177, subdivision 8 also specifies 14 days for that temporary-license procedure. Do not calculate permission to drive from the arrest date alone; confirm the notice dates and actual status.
Section 169A.53, subdivision 2, and section 171.177, subdivision 11, provide receipt-based 60-day court-petition periods for their respective actions. Filing and service requirements apply, and filing does not automatically stay the revocation. Administrative review is separate; ask counsel which process and deadline apply to you.
Limited licenses and ignition interlock
A limited license and an ignition-interlock restricted license are different options. Section 171.30 sets eligibility, waiting periods and permitted purposes for limited licenses. Permission depends on the license actually issued; needing to drive for work, school or medical care does not by itself authorize a trip. Ask DVS or counsel to identify the provision that applies to your notice.
Under section 171.306, an interlock participant must meet statutory and program requirements. Installing a device alone does not restore driving privileges. Discuss eligibility, costs, vehicle requirements, treatment and restrictions before enrolling, and confirm issuance of the required license before driving.
Interlock duration and full reinstatement depend on your record and compliance, not just the label “first” or “second” offense. See our guide to how ignition interlock works, then confirm the requirements for your own case.
What can a lawyer review?
A DWI defense attorney can examine the notice, police reports, recordings, test records and legal basis for a proposed challenge. Discuss which issues can be raised in the license proceeding and which belong in the criminal case. An error or disputed fact does not automatically require rescission or dismissal.
If driving is essential to your work or family responsibilities, explain those needs early. Ask your insurer, employer or licensing body about the rules applicable to your situation; do not assume that every DWI causes the same insurance, employment or professional-license consequence.
Steps to Reinstate Your License After a DWI
Reaching the end of a revocation period does not by itself confirm that you may drive. Obtain the reinstatement requirements for your own driving record from Driver and Vehicle Services and confirm your current status before driving.
- Review all outstanding requirements. Ask DVS to identify any applicable application, fee, insurance documentation, treatment, interlock or plate-impoundment requirement.
- Check fees and payment options. Section 171.29 addresses reinstatement fees and an installment option for specified revocations. Confirm the amount and eligibility for your record rather than assuming a single payment resolves every hold.
- Do not assume a DWI knowledge test is required. Section 171.29, subdivision 1(b), exempts a person whose license was revoked because of an impaired-driving offense from the examination requirement described in that subdivision. Other licensing or driving-record issues may require separate review.
- Keep proof of completion. Retain the documents DVS requests and obtain confirmation of the driving privileges and restrictions actually issued to you.
Do not rely on a general article as proof that an SR-22 certificate, a particular class or a particular interlock period applies to you. Requirements depend on the applicable law and your record.
What to do after receiving a notice
Keep the original notice and record how and when it arrived. Preserve test paperwork and court documents, follow release conditions and obtain advice promptly about any available challenge. Confirm who will handle filing, service and other deadlines; do not assume that scheduling a consultation takes those steps for you.
Frequently asked questions
Can a license action happen before conviction?
Yes. Test-related revocation and criminal prosecution are separate processes. A pending criminal case does not by itself preserve driving privileges or extend a license-review deadline.
Can I drive while revoked?
Do not drive without valid authorization. Section 171.24 generally makes driving after revocation a misdemeanor when its elements are met, and provides a gross-misdemeanor provision for a person prohibited from driving unless participating in interlock. Check the actual status and restrictions on your record.
Does a regular restricted license restore commercial driving privileges?
Do not assume so. Commercial disqualification is governed separately by section 171.165 and the federal standards it incorporates. Have DVS or counsel review the disqualification notice, vehicle involved, prior events and commercial eligibility.
What if I refused testing?
Identify which test was requested and under what procedure. Refusal can raise both license and criminal issues. Review your actual notice and the applicable law rather than assuming that every refusal has identical consequences. Read our guide on refusing the breath test.
Should I get advice before pleading guilty?
Legal advice can help you understand the evidence, plea consequences and separate license issues. Ask what representation includes and what remains uncertain. No outcome is guaranteed.
Prepare for a license case review
Bring the notice and order, test paperwork, complaint or citation, release conditions and next court date. Record when and how you received each notice. Ask about fees, criminal representation, civil license review and responsibility for urgent deadlines.
Your first conversation may be with a Director of Client Engagement (non-attorney), who helps with intake and scheduling but does not provide legal advice. Tell intake staff about approaching deadlines so an attorney can review them. Contact Martine Law to request a consultation or learn about license revocation defense.
Trusted Resources for Minnesota DWI Laws
- Minnesota Department of Public Safety – DWI Info
- Minnesota Judicial Branch – Criminal and Traffic Division
- Revisor of Minnesota Statutes – §169A DWI Laws
- Office of Traffic Safety
- Minnesota Ignition Interlock Program
Call (612) 294-0650 for a free consultation. Phones and chat are answered 24/7, with AI covering when no staff is free.
Related guides
This page states Minnesota law and is for general information, not legal advice.
