In Minnesota, teenage motorists are subject to rules that adult drivers do not have to adhere to. Adolescent drivers face more significant consequences for breaking the Law than drivers more than 18 years old. Vanessa’s Law is one such case.
Vanessa’s Law, passed in 2004 by the Minnesota State Legislature, applies to drivers under 21 who commit an alcohol or controlled substance-related offence while driving. These offences include but are not limited to DWI, underage drinking and driving, and fleeing the scene of an accident.
Vanessa’s Law states:
- An unlicensed driver under 18 who is cited for a crash-related traffic violation will not be eligible to receive a driver’s license, including an instruction permit or provisional license until they turn eighteen.
- If you’re an unlicensed driver and you violate alcohol or controlled substance laws, you won’t be able to get a driver’s license of any kind until you turn 18. This includes getting an instruction permit or provisional license. Alcohol and controlled substance violations include DWIs, implied consent violations, underage drinking and driving (i.e., alcohol content over .00 while under 21), and open bottle violations.
- Yes, if you’re an underage driver with an open container of alcohol in your car and you don’t have a license, you’ll be unable to get one until you reach the age of 18.
- A driver’s license revoked due to an alcohol or regulated drug violation, or a vehicle accident, is terminated until the applicant reaches the age of 18.
- If you’re a driver under 21 years old and are caught drinking and driving, your license will be suspended for 30 days with no chance of getting it back during that time.
A driver under the age of 18 whose license is revoked must follow a series of steps to get their driving privileges back. The individual must:
- Serve the withdrawal period and follow any conditions on the withdrawal notice provided.
- To reinstate your license, you must either pass the written knowledge test if you were unlicensed at the time of your offence or the DWI knowledge test if you held a provisional license.
- You must apply for and pay fees for a new license if you do not already have one. Then, depending on your age, you will need to hold an instruction permit for six or three months before taking the road test.
Vanessa’s Law Restrictions:
- Drivers under 18 who receive a crash-related traffic violation will not be eligible to receive their driver’s license until they turn 18.
- Until 18 years old, unlicensed drivers who receive an alcohol or controlled substance violation will not be eligible to obtain their driver’s license, learner’s permit, or probationary license.
- Even if the driver wasn’t drinking, they could still violate the Law if an open container of alcohol is found in the vehicle or on a passenger.
- A motorist with a provisional license who receives and loses their driver’s license for driving under the influence of alcohol or drugs, or is convicted of a traffic violation resulting from a vehicle accident, will lose their provisional license until they are 18 years old.
If you have been charged with a crime and the state is trying to penalize you, it does not mean you can’t do anything about it. You might have legitimate defenses. An experienced criminal defense attorney like St. Paul’s criminal defense attorney can use these defenses to get your driver’s license back and keep your driving and criminal records clean.
Contact DeVore Criminal Defense Attorney for DWI Test Refusal
To Contact DeVore Criminal Defense Attorney, please call us at 651-435-6500, or you can visit our office at 724 Bielenberg Drive, Suite 110, Woodbury, MN 55125
Posted 29th September 2022 by DeVore Law Office