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It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state when the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more.
What happens to your license at the traffic stop
A revocation under Minn. Stat. 169A.52 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 and of revocation.
On behalf of the commissioner, a peace officer serving immediate notice of revocation shall invalidate the person’s driver’s license or permit card, issue the person a temporary license effective for only 14 days, and send notification of this action to the commissioner.
Revocation after a breath or blood test
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, 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, the commissioner shall revoke the person’s license or permit to drive, or nonresident operating privilege.
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, 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 after the person refused to submit to testing.
Commercial driver’s license consequences
On certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol and that the person submitted to a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the person from operating a commercial motor vehicle under section 171.165.
License revocation after a conviction
Except as provided in subdivision 7, the commissioner shall revoke the driver’s license of a person convicted of violating section 169A.20 or an ordinance in conformity with it as provided in section 171.178.
Limited license during revocation
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, or section 171.177.
The commissioner may issue a limited license when the driver’s livelihood or attendance at a substance use disorder treatment or counseling program depends upon the use of the driver’s license, or 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, or if attendance at a postsecondary institution of education by an enrolled student depends upon the use of the driver’s license.
Ignition interlock
An ignition interlock device means equipment that is designed to measure breath alcohol concentration and to prevent a motor vehicle’s ignition from being started by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
The commissioner shall issue a class D driver’s license, subject to the applicable limitations and restrictions, to a program participant in the ignition interlock program who meets the requirements of section 171.306 and the program guidelines.
A license issued under section 171.306 must contain a restriction prohibiting the program participant from driving, operating, or being in physical control of any motor vehicle not equipped with a functioning ignition interlock device certified by the commissioner.
Contesting the administrative revocation
Within 60 days following receipt of a notice and order of revocation or disqualification pursuant to section 169A.52, a person may petition the court for review.
The filing of the petition does not stay the revocation, disqualification, or denial; the reviewing court may order a stay of the balance of the revocation or disqualification if the hearing has not been conducted within 60 days after filing of the petition upon terms the court deems proper.
Getting your license back after revocation ends
Upon expiration of a period of revocation under section 169A.52 or 169A.54, the commissioner shall notify the person of the terms upon which driving privileges can be reinstated, which terms include proof of compliance with any terms of alcohol treatment or counseling previously prescribed, and any other requirements imposed by the commissioner.
Questions people ask about Minnesota DWI
What is the legal alcohol limit for driving in Minnesota?
It is a crime for any person to drive, operate, or be in physical control of any motor vehicle within this state when the person’s alcohol concentration at the time, or as measured within two hours of the time, of driving, operating, or being in physical control of the motor vehicle is 0.08 or more.
Does my license get taken at the traffic stop?
On behalf of the commissioner, a peace officer serving immediate notice of revocation shall invalidate the person’s driver’s license or permit card, issue the person a temporary license effective for only 14 days, and send notification of this action to the commissioner.
What happens if I refuse the breath test?
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, 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 after the person refused to submit to testing.
Can I get a limited license while my license is revoked?
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, or section 171.177. The commissioner may issue a limited license when the driver’s livelihood or attendance at a substance use disorder treatment or counseling program depends upon the use of the driver’s license, or 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, or if attendance at a postsecondary institution of education by an enrolled student depends upon the use of the driver’s license.
What is an ignition interlock device?
An ignition interlock device means equipment that is designed to measure breath alcohol concentration and to prevent a motor vehicle’s ignition from being started by a person whose breath alcohol concentration measures 0.02 or higher on the equipment.
Does a DWI revocation also cover my boat or ATV?
The provisions of Minn. Stat. 169A.52 for revoking a driver’s license also apply to the operating privilege for an off-road recreational vehicle and a motorboat.
How long do I have to challenge the revocation in court?
Within 60 days following receipt of a notice and order of revocation or disqualification pursuant to section 169A.52, a person may petition the court for review.
What do I need to do to get my license reinstated?
Upon expiration of a period of revocation under section 169A.52 or 169A.54, the commissioner shall notify the person of the terms upon which driving privileges can be reinstated, which terms include proof of compliance with any terms of alcohol treatment or counseling previously prescribed, and any other requirements imposed by the commissioner.
Talk with Martine Law about a Minnesota DWI
Martine Law handles DWI matters throughout 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.
