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DWI License Revocation in Minnesota
What Happens to Your Driver’s License After a DWI Arrest
When you are charged with DWI in Minnesota, two separate cases are opened: a criminal case and a civil case. This means that, aside from prison time and fines, you could also face the temporary loss of your driving privileges. The length of the revocation will vary, depending on your criminal record, whether or not you submitted to chemical testing, and/or the results of your chemical test.
If you refuse to take a chemical test once you’ve been arrested, or your test results show a blood alcohol concentration of .08% or greater, you will be issued a “Notice and Order of Revocation.” This document will act as a temporary driver’s license for seven days—after which your driving privileges will be fully suspended. For this reason, you should call a Minneapolis DWI lawyer immediately.
Caplan & Tamburino Law Firm, P.A. is available to take your call 24/7. Contact our office today at (612) 444-5020 to set up your FREE case evaluation.
License Revocation: First DWI Offense
- BAC Under .16% – If your blood alcohol concentration was under .16%, your license can be revoked for 90 days. After 15 days, you have the option to apply for a limited license.
- BAC Over .16% – If your blood alcohol concentration was over .16% (aggravating factor), your license can be revoked for one year. Your license plates may also be impounded.
- Refused Test – If you refuse to take a chemical test after being arrested for DWI, your driver’s license can be revoked for one year. After 15 days, you can apply for a limited license.
License Revocation: Second DWI Offense
- BAC Under .16% – If your BAC was under .16%, but you have a prior DWI conviction, your driver’s license can be revoked for up to one year. Your license plates may also be impounded.
- BAC Over .16% – If your BAC was over .16%, and you have a prior conviction, your license can be revoked for two years. You may also face license plate impoundment and vehicle forfeiture.
- Refused Test – If you are charged with test refusal a second time, your driver’s license can be revoked for one year. You may also face license plate impoundment and vehicle forfeiture.
You Only Have 60 Days to Challenge the Revocation
If you have been charged with DWI, you should know that you have the right to contest the revocation of your driver’s license. After you have received the Notice and Order of Revocation, you will have 30 days to submit a written request for an implied consent hearing. This hearing is optional, meaning that none will be held and the revocation will automatically go into effect if you do not request one.
If you want to save your driver’s license, you should move quickly to discuss your case with a Minneapolis DWI attorney at Caplan & Tamburino Law Firm, P.A. We may be able to challenge the revocation by proving that the arresting officer did not conduct a valid traffic stop, read the Implied Consent Advisory before asking you to take a breath test, and/or follow all necessary procedures.
Contact Caplan & Tamburino Law Firm, P.A. for the aggressive representation you need.
1. Don’t Talk to the Police!
It’s crucial to know that while you should remain respectful with authorities, you have the right to remain silent. This a right protected by the Fifth Amendment of the U.S. Constitution, which makes it clear individuals are protected from being compelled to be a witness against him / herself in criminal matters.
It’s important to note that:
- Talking will not help you avoid an arrest. If law enforcement has probable cause to arrest you, then they will arrest you.
- By speaking, you risk making a confession or providing information that can be used to indict you, even unknowingly.
- Even if you feel that information being discussed is “harmless,” it is still in your best interest to invoke your Fifth Amendment right.
2. Ask for a Lawyer!As soon as you can you should elect your right to have a defense attorney present. A Minnesota criminal defense lawyer or public defender can ensure the police do not violate your rights and help you avoid saying anything incriminating during questioning. Caplan & Tamburino Law Firm is available 24 hours a day, seven days a week, so that we can be by your side whenever you need us. Call now!
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