Driver's License Consequences for DWI/DUI

In addition to criminal consequences, Minnesota drivers charged with DWI can lose their driver's license.  It is important to understand that the loss of a driver's license, called a revocation or cancellation, is not a criminal penalty and can be enforced even if the driver is not ultimately convicted of a DWI/DUI offense.  Anytime a Minnesota driver hires Olson Defense to represent him or her on a DWI/DUI case, the attorneys at Olson Defense will also file a special lawsuit called an "implied consent" petition to challenge the revocation or cancellation of our client's driver's license.  The attorneys at Olson Defense will fight the implied consent case every bit as hard as we fight the criminal case because, just like the criminal consequences, the penalties to a person's driver's license become increasingly severe depending on various factors, including prior offenses.

First time DWI/DUI with BAC under 0.16:

A driver charged with a first time DWI/DUI who had a blood alcohol content under 0.16 should expect to lose his or her driver's license for 90 days.  However, the law allows that time to be shortened to 30 days if the driver pleads guilty in a timely manner, and the driver will then be eligible for a work permit after a mere 15 days. It is important to hire a skilled attorney like the lawyers at Olson Defense to avoid an unnecessarily long period of revocation.

First time DWI/DUI refusal:

When a driver refuses to submit to testing on a first time DWI/DUI, he or she will lose their driver's license for a year and will be required to enroll in the ignition interlock program.  However, like the revocation for first time DWI/DUI with a result under 0.16, a revocation based on first-time test refusal can be shortened following a plea, and the driver can avoid the ignition interlock program entirely.  Once again, it is important to work with a lawyer who can guide you through this process so that you do not needlessly enroll in the interlock program.

Second DWI offense or result over 0.16:

A driver charged with a second DWI/DUI or a first time DWI/DUI offense with a blood alcohol content of 0.16 or more will be required to enroll in the ignition interlock program for one year.  Although the ignition interlock program can be a burden, Olson Defense will often guide clients through quick enrollment in the program and use our client's participation in the program to avoid other consequences, like mandatory minimum jail sentences.

Additional penalties:

Many other factors can affect the time that a driver loses his or her driver's license.  For example, drivers under 21 charged with a first time DWI/DUI offense will lose their driver's license for 180 days rather than 90.  Drivers with more priors will be required to enroll in the ignition interlock program for two or more years, and some drivers may be required to demonstrate that they have completed treatment before they can begin driving again.  Drivers will also lose their right to operate motorboats, ATVs, and snowmobiles.

The laws determining how long a driver's license will be revoked or cancelled are complicated.  The lawyers at Olson Defense will help you to make sense of the laws, to minimize the length of time you will not be able to drive, and, in some cases, to continue driving while your case is pending.  If you, a family member, or a friend has been arrested for or charged with DUI/DWI, please call Olson Defense at 952-835-1088 to discuss how our lawyers can fight your case.