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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 the officer does to your license at the scene
A revocation under section 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.
The peace officer shall invalidate the person’s driver’s license or permit card, issue the person a temporary license effective for only 14 days, and send the notification of this action to the commissioner.
If you took the 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.
If you refused the 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.
If you do not have a Minnesota 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 section 169A.52 for revocation.
How to challenge the revocation
Court petition:
Within 60 days following receipt of a notice and order of revocation 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.
Commissioner review:
At any time during a period of revocation imposed under section 169A.52, a person may request in writing a review of the order of revocation by the commissioner, and within 15 days of receiving the request the commissioner shall report in writing the results of the review.
What a conviction adds to your record
The commissioner shall revoke the driver’s license of a person convicted of violating section 169A.20 as provided in section 171.178.
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, including proof of compliance with any terms of alcohol treatment or counseling previously prescribed and any other requirements imposed by the commissioner.
Source: Minn. Stat. 169A.54 | Source: Minn. Stat. 169A.55
Driving during a revocation: limited license
The commissioner may issue a limited license where a person’s license has been revoked under section 169A.52, subdivision 3, paragraph (a), clause (1) or (2), or subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration of less than twice the legal limit.
Qualifying reasons:
A limited license may be issued 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, 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 if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver’s license.
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 or sections 169A.50 to 169A.53.
A person who violates a condition or limitation of a limited license is guilty of a misdemeanor.
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 or 169A.52 that results in the revocation of a person’s driver’s license within ten years of a qualified prior impaired driving incident.
A plate impoundment violation also includes a violation of section 169A.20, 169A.52, or 171.177 while having an alcohol concentration of twice the legal limit or more, or while having a child under the age of 16 in the vehicle if the child is more than 36 months younger than the offender.
The commissioner may not issue new registration plates for a vehicle subject to plate impoundment for a period of at least one year from the date of the impoundment order, and if the owner is the violator, new registration plates may not be issued for the vehicle unless the person has been reissued a valid driver’s license.
Questions people ask about Minnesota DWI and license revocation
Does the license revocation happen before I go to court?
A revocation under section 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. The peace officer shall invalidate the person’s driver’s license or permit card, issue the person a temporary license effective for only 14 days, and send the notification of this action to the commissioner. Talk with a lawyer before any deadline passes.
What is the deadline to challenge my license revocation?
Within 60 days following receipt of a notice and order of revocation 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.
Can I drive at all after a Minnesota DWI arrest?
The peace officer shall invalidate the person’s driver’s license or permit card, issue the person a temporary license effective for only 14 days, and send the notification of this action to the commissioner. Talk with a lawyer before that window closes.
Will refusing the breath test protect me?
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. Consult a lawyer about the specific consequences refusal creates in your situation.
What happens to my license if I am convicted?
The commissioner shall revoke the driver’s license of a person convicted of violating section 169A.20 as provided in section 171.178. 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, including proof of compliance with any terms of alcohol treatment or counseling previously prescribed and any other requirements imposed by the commissioner.
What is a plate impoundment order and who does it affect?
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 or 169A.52 that results in the revocation of a person’s driver’s license within ten years of a qualified prior impaired driving incident. A plate impoundment violation also includes a violation of section 169A.20, 169A.52, or 171.177 while having an alcohol concentration of twice the legal limit or more, or while having a child under the age of 16 in the vehicle if the child is more than 36 months younger than the offender. The commissioner may not issue new registration plates for a vehicle subject to plate impoundment for a period of at least one year from the date of the impoundment order, and if the owner is the violator, new registration plates may not be issued for the vehicle unless the person has been reissued a valid driver’s license.
Can I get a limited license to drive to work?
The commissioner may issue a limited license where a person’s license has been revoked under section 169A.52, subdivision 3, paragraph (a), clause (1) or (2), or subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an alcohol concentration of less than twice the legal limit. A limited license may be issued 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, 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 if attendance at a postsecondary institution of education by an enrolled student of that institution depends upon the use of the driver’s license. 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 or sections 169A.50 to 169A.53. A person who violates a condition or limitation of a limited license is guilty of a misdemeanor.
Can a family member pay for my lawyer?
Yes. A parent or other family member may pay legal fees. You remain the client, and your lawyer’s obligations run to you, not to whoever pays.
Talk with Martine Law about your DWI
Acting early matters. Martine Law handles DWI cases anywhere in Minnesota.
Call for a free 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.
Prepared by the Martine Law editorial team; sources reviewed October 21, 2026.
For an overview of the law and how we help, see our Minnesota DWI defense page.
