In Minnesota, some drivers charged with impaired driving face more than jail time, fines, and license suspension. They may also be forced to surrender their regular license plates and replace them with special license plates, commonly known as “whiskey plates.”
These plates are easy to spot and carry a stigma, but they are also a legal tool designed to identify drivers who have had serious alcohol-related driving incidents.
If you’ve been told you must get whiskey plates, here’s what you need to know about who qualifies, how the process works, and how you may be able to challenge it.
Get the best resolution possible by contacting a good DWI lawyer in Minnesota.
What are “whiskey plates”?
“Whiskey plates” are special license plates with a W as the first character, issued by the Minnesota Department of Public Safety. They replace a driver’s normal plates when the state impounds their plates after certain DWI-related offenses.
These plates are intended to make vehicles driven by repeat or high-risk DWI offenders easily identifiable to law enforcement.
Who qualifies for plate impoundment in Minnesota?
Plate impoundment is not automatic for every DWI. It generally applies in more serious cases, including:
- Repeat DWI offenses within 10 years
- Driving with an alcohol concentration of 0.16 or more (twice the legal limit)
- DWI offenses committed while a driver’s license was already revoked, canceled, or suspended
- DWI with a passenger under 16 years old in the vehicle (if the driver is at least 3 years older)
- DWI offenders who refused a chemical test under the implied consent law
(See Minn. Stat. § 169A.60)
How the plate impoundment process works
- Notice of impoundment: Typically issued by the arresting officer at the time of the DWI.
- Surrender plates: Regular license plates must be turned over to the state.
- Issuance of whiskey plates: New special plates must be displayed on any vehicle the offender owns, co-owns, or is known to drive.
- Duration: The impoundment period usually lasts at least one year, and sometimes longer if driving privileges remain revoked.
Can family members be affected?
Yes. If a spouse, family member, or co-owner shares a vehicle with the person accused, that car may also be required to have whiskey plates. Family members can request an innocent owner exemption, but they must show that they had no reason to know the vehicle would be used in violation of DWI laws.
How to challenge plate impoundment
You have the right to challenge a plate impoundment in court, but strict deadlines apply. Steps may include:
- Petition for judicial review: You must file within 30 days of receiving the impoundment notice.
- Grounds for challenge may include:
- You were not the driver at the time of the DWI
- You are an innocent owner who did not commit the offense
- The statutory requirements for plate impoundment were not met
- Legal representation is critical: Challenging plate impoundment requires navigating court filings, evidence, and hearings. A Minneapolis DWI lawyer can help protect your rights.
Getting rid of whiskey plates
At the end of the impoundment period, you can apply for regular license plates again. However, your driver’s license must also be reinstated before you are eligible. Reinstatement typically requires:
- Completing a chemical use assessment
- Paying reinstatement fees
- Enrolling in (and sometimes completing) the ignition interlock program
Key takeaways
- Minnesota issues whiskey plates after certain serious DWI offenses, including repeat offenses and aggravated circumstances.
- Plate impoundment usually lasts at least one year and can affect family members’ vehicles.
- You may be able to challenge impoundment in court within 30 days of notice.
- Legal help from a Minneapolis criminal defense attorney can make a difference in protecting your rights and minimizing long-term consequences.
FAQs About Minnesota Whiskey Plates
Do whiskey plates mean I’m guilty of DWI?
Not necessarily. Plate impoundment can be ordered based on the arrest and aggravating factors, even before a conviction.
Can police pull me over just for having whiskey plates?
They used to be able to, but Minnesota law now requires officers to have an independent legal reason to stop a vehicle with whiskey plates.
Do whiskey plates apply to all my vehicles?
Yes. The law requires whiskey plates on any vehicle you own, co-own, or regularly drive.
How long do I have to keep whiskey plates?
At least one year, and sometimes longer, depending on the status of your driving privileges.
Can my spouse or family get an exemption?
Yes. Innocent owners can request that their vehicle not be subject to whiskey plates, but they must prove they were not involved in the DWI.