A DWI conviction in Minnesota can have serious consequences, including a suspension of your driver’s license. This can greatly impact your daily life and ability to get to work or other important activities. License suspension lengths vary depending on several factors, including the severity of the offense and any previous convictions.
It is important to understand the potential length of a license suspension after a DWI conviction in Minnesota, as well as any possible options for reducing the suspension time or obtaining a restricted license.
In this article, we will discuss the typical length of a license suspension after a DWI conviction in Minnesota and what options may be available to help you get back on the road sooner.
What is a DWI and How Does It Affect Your License
A DWI, or Driving While Intoxicated, is a serious offense in Minnesota that occurs when a person operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. It can also apply if the driver shows signs of impairment due to drugs or alcohol.
In Minnesota, a first-time DWI offense is considered a misdemeanor, while subsequent offenses are classified as gross misdemeanors or felonies. A DWI conviction can result in a suspension of your driver’s license, regardless of whether you were driving at the time of the offense.
Also, it is important to note that even if you are from another state and receive a DWI in Minnesota, your home state may still suspend your license based on the Minnesota conviction.
The length of a license suspension after a DWI conviction in Minnesota varies depending on several factors. These include the severity of the offense (first-time or repeat), any previous DWI convictions, and whether any aggravating factors were present, such as a high BAC or child endangerment.
Factors Affecting License Suspension Length
As mentioned, there are several factors that can impact the length of a license suspension after a DWI conviction in Minnesota. Let’s take a closer look at some of these factors and how they may affect your case.
Severity of Offense
The severity of the DWI offense is a significant factor in determining license suspension length. A first-time DWI offense with no aggravating factors may result in a 90-day license suspension, while a second or third offense could lead to a one-year or two-year suspension, respectively.
However, if there are aggravating factors present, such as a BAC over 0.16% or a child in the vehicle at the time of the offense, the suspension length may increase to one or two years for a first-time offense.
Plus, if the DWI offense resulted in bodily harm or death to another person, the license suspension may be longer and could potentially lead to a permanent revocation of your driver’s license.
Previous Convictions
Previous DWI convictions can also play a role in determining license suspension length. In Minnesota, any previous DWI convictions within the past ten years are counted as prior offenses and may result in a longer suspension period. For example, a second offense within ten years could lead to a two-year license suspension instead of the usual one year.
Additionally, if you have two or more previous DWI convictions within the past ten years, your license may be permanently revoked. Plus, if you have a previous felony DWI conviction within the past ten years, any subsequent offenses will also result in permanent revocation.
Aggravating Factors
As mentioned before, aggravating factors such as a high BAC, child endangerment, and bodily harm can increase the length of a license suspension. For example, a first-time offender with a BAC over 0.16% may face a one-year suspension instead of the usual 90 days.
Additionally, if you have multiple aggravating factors present, such as a high BAC and child endangerment, your license suspension may be even longer. It is essential to note that these aggravating factors can also result in harsher penalties, including higher fines and potential jail time.
Refusing a Breathalyzer Test
In Minnesota, drivers are required to submit to a breathalyzer test if an officer suspects them of driving under the influence. Refusal to take the test can result in an automatic one-year license suspension, even if you are not convicted of a DWI.
Refusal penalties are separate from any suspension or revocation resulting from a DWI conviction, so you may face an additional suspension period on top of the one imposed for the actual offense.
Underage DWI Offense
If you are under 21 years old and receive a DWI in Minnesota, your license will be suspended for at least 30 days. However, this suspension may be longer if you have a BAC over 0.08% or any previous DWI convictions.
Underage DWI offenses are taken very seriously in Minnesota, and the penalties for these offenses can impact your future driving privileges even after you turn 21.
Restricted License Options
In some cases, drivers with a suspended license may be able to obtain a restricted license, also known as a limited license or work permit. This type of license allows you to drive for specific purposes, such as going to work or attending alcohol treatment programs.
To apply for a restricted license, you must meet certain criteria and go through the proper application process. It is essential to note that not all DWI offenders are eligible for a restricted license, and even if you are granted one, it may come with strict conditions.
Ignition Interlock Device Program
In Minnesota, some DWI offenders may be required to participate in the Ignition Interlock Device (IID) program, which involves installing a device in your vehicle that measures your BAC before allowing you to start the car.
This program is typically required for repeat DWI offenders, those with a high BAC, or anyone who refused a breathalyzer test. It allows individuals to continue driving while also providing an extra layer of accountability and monitoring.
Completing an Alcohol Treatment Program
In some cases, completing an alcohol treatment program may be a requirement for getting your license back after a DWI conviction. This program may involve attending classes, counseling, or rehabilitation sessions to address any underlying issues related to alcohol use.
Completing an alcohol treatment program can also be beneficial in showing the court that you are taking responsibility for your actions and attempting to make positive changes in your life.
So, as you can see, there are many factors that can impact the length of a license suspension after a DWI conviction in Minnesota. It is essential to understand these factors and seek legal guidance to determine the best course of action for your specific case.
Average Completion Time
The average completion time for a license suspension after a DWI conviction can vary depending on several factors. Generally, the process can take anywhere from a few months to over a year, depending on the severity of the offense and any aggravating factors present.
For first-time offenders with no aggravating factors, the suspension period may last around 90 days. However, if you have previous DWI convictions or aggravating factors present, the suspension period can increase to one year or even longer.
Additionally, if you refuse a breathalyzer test or are under 21 years old at the time of the offense, your license may be suspended for a minimum of 30 days.
In some cases, drivers may be able to obtain a restricted license or participate in the Ignition Interlock Device program, which can impact the length of their suspension. It is essential to note that these options also require adhering to strict guidelines and may extend the overall time required for completing the suspension.
Moreover, completion time can also vary depending on individual circumstances, such as the backlog of cases in court or any delays in the application process for a restricted license.
Does a License Suspension Affect Insurance Rates?
In short, yes, a license suspension can affect your insurance rates. In fact, many insurance companies may cancel or non-renew your policy if you have a license suspension due to a DWI conviction.
If your policy is not canceled, the insurance company may still increase your rates significantly after a suspension period. This increase is due to the fact that you are now considered a high-risk driver, and insurance companies may view you as more likely to be involved in future accidents.
Additionally, some states require drivers with a suspended license to obtain an SR-22 form from their insurance company before reinstating their license. This form serves as proof of financial responsibility and can also result in higher insurance rates.
It is essential to review your insurance policy and speak with your provider about how a license suspension may impact your rates. In some cases, you may be able to find a new insurance company that specializes in high-risk drivers or offers more affordable options for individuals with a suspended license.
Furthermore, completing an alcohol treatment program or participating in the Ignition Interlock Device program may also help demonstrate to insurance companies that you are taking steps to become a safer driver, potentially resulting in lower rates.
Contact DeVore Criminal Defense for your all Criminal matters in Minnesota.
At DeVore Criminal Defense, we understand the fear and uncertainty that comes with facing criminal charges. That’s why we are dedicated to providing our clients with strong representation and support throughout their case.
Whether you are facing charges for drug crimes, DWI/DUI, embezzlement, or other criminal offenses, you can trust us to fight for your rights and protect your future. We have a proven track record of success in handling a variety of criminal cases, including federal crimes, juvenile offenses, probation violations, and more.
Our lead attorney, Kevin W. DeVore, has been nationally and regionally recognized for his outstanding legal work. He has been featured in publications such as Star Tribune, Pioneer Press, Super Lawyers, and Minnesota Law & Politics. With his experience, knowledge, and dedication, he is ready to help you achieve the best possible outcome for your case.
Don’t face criminal charges alone. Contact DeVore Criminal Defense today for a consultation and let us fight for your rights.
FAQs
How long will my driver’s license be suspended after a first DWI arrest in Minnesota?
After a first DWI arrest in Minnesota, the administrative license suspension under implied consent laws typically lasts for 90 days. This suspension can be extended if a chemical test refusal occurs, under which the suspension can last for one year. This administrative action is separate from any criminal penalties that might also affect the person’s driver’s license.
What are the consequences for commercial driving privileges after a DWI conviction?
A DWI conviction can severely impact commercial driving privileges. For holders of a commercial driver’s license (CDL), a DWI arrest and subsequent conviction can lead to a minimum one-year disqualification of commercial driving privileges. This period can extend if the DWI involved the transport of hazardous materials, emphasizing the strict standards applied to commercial drivers.
What happens to my license plates after a DWI conviction in Minnesota?
License plate impoundment is a possible consequence following a DWI conviction, especially if it’s a repeat offense or if aggravating factors are present. This means that the license plates on your vehicle can be seized by authorities, and you may be required to use special registration plates that indicate the driver has limitations on their driving privileges due to DWI offenses.
What is the duration of license revocation for a third DWI offense in Minnesota?
For a third DWI offense in Minnesota, the driver’s license revocation period is significantly longer. Typically, the license will be revoked for a minimum of three years under Minnesota’s implied consent law. This period is part of the administrative suspension process and is intended to act as a severe deterrent against repeat offenses.
Posted 11th July 2024 by DeVore Law Office