For most people arrested for DWI, the most urgent and important priority is figuring out how you can drive again. Often your first court date won’t be for weeks or even months after you were arrested, but your driver’s license is usually taken away 14 days after your arrest. Dealing with DWI driver’s license consequences means navigating complicated DMW rules, long waits on hold or in lines, and sometimes working with an ignition interlock vendor. This guide is meant to provide clear guidance for people who find themselves with a revoked driver’s license because of a DWI. A Maple Grove, MN DWI lawyer can help drivers understand their license reinstatement options and navigate the legal and administrative challenges that follow a DWI arrest.
First, it’s useful to define a few terms. In general, there are three options for people who have had their license revoked due to a DWI:
- Wait it out. For some revocations, the driver can simply not drive for the period of the revocation and then get their full license back once the revocation is up.
- Work permit. In some situations, it is possible to get a work permit. A work permit is a form of limited license that allows the driver to commute to and from work and other necessary travel such as doctor’s appointments, substance abuse treatment programs, etc. For people who are eligible, they must wait for 15 days after the expiration of their 14-day temporary license before obtaining the work permit. This means that there is a 15-day period where you cannot drive before you are eligible for a work permit. This option also doesn’t work well for people who work odd or irregular hours. The DMW will want specific times for your commute, such as 8:00-9:00 a.m. and 5:00-6:00 p.m. If you don’t have regular, scheduled work hours, a work permit may not be an option for you.
- Ignition Interlock. Ignition interlock is a device that is installed in your car. You must blow into the device before your car starts and provide periodic samples while driving. If the device detects alcohol in your system, it prevents the car from being started. Advantages to the interlock program are that you can get enrolled immediately (there’s no 15-day waiting period as there is with the work permit). This allows you to never actually miss a day driving. It also allows you to drive any time, anywhere. Disadvantages are that the program is costly, the device can be finicky to operate, and the embarrassment of having people see you blowing into the device to start your car. Note that to have a valid license, you must both install the device and be enrolled into the program through the DMW. Just having the device installed does not make you valid! The two most common interlock vendors in Minnesota are SmartStart and Intoxalock. A full list of DMV approved vendors can be found here: https://dps.mn.gov/divisions/dvs/license-and-id/ignition-interlock-device-program-iidp/certified-ignition-interlock-manufacturers
So, who’s eligible for which program? That’s actually relatively straightforward. But please note that the information here applies only to DWI cases. If you’ve been charged with criminal vehicular operation/homicide (meaning someone was injured or killed because of your impaired driving), different rules apply.
For people arrested for their first DWI, all three options are available. Note that “first DWI” means that you haven’t had a DWI in the previous 20 years. One other exception – if you took a test and the result was .16 or more, then the work permit option is NOT available to you.
So, for a first-time offender (meaning someone who hasn’t had a prior in the previous 20 years) who either refused the test or tested under .16, that person has the choice of either waiting out the revocation, obtaining a work permit, or getting ignition interlock. For that same person who tested .16 or more, their only options are to wait out the revocation or use ignition interlock.
What About Repeat Offenders?
For those with prior DWIs on their record, figuring out who was required to do interlock and who wasn’t was complicated and depended on how many priors, how long ago the priors were, and whether the test was refused or what the test result of the current DWI were. Last year, in response to the tragic incident at Park Tavern in St. Louis Park, the legislature passed new laws that greatly simplify this.
If you have one prior DWI within the past 20 years, you will be required to be on interlock for two years. It doesn’t matter whether you refused the test or not, or whether your test was above or below .16. You are required to do two years of ignition interlock before the state gives you a regular driver’s license.
If you have more than two prior DWIs in your lifetime (even if they are both more than 20 years old), then you are required to do ignition interlock. Work permits and the option of just waiting out the revocation period are no longer an option for people with multiple prior DWIs. Period. The only question is how long these individuals are required to be on interlock.
3 prior lifetime DWIs: 6 years of ignition interlock.
4+ prior lifetime DWIs: 10 years of ignition interlock.
What Else Do I Need To Know?
In some counties, if you file an implied consent petition (also known as a “petition for judicial review”) challenging the revocation of your driver’s license in court, you can also request temporary reinstatement of your driver’s license. If granted, the revocation of your license will be stayed, or paused, while the cases play out in court. This means that your full license is restored while the cases are pending. But, if your challenge to the license revocation is denied, you’ll be back where you started and subject to the rules set forth above. Deciding whether to file the implied consent petition and whether to seek temporary reinstatement is a decision that you should make after consulting with a qualified attorney who can advise you of the pros and cons of your options.
Also note that, as strange as it seems, the above applies not only to alcohol DWIs, but controlled substance cases, too. The ignition interlock only detects alcohol and doesn’t test for controlled substance impairment. Even so, Minnesota law requires people arrested for controlled substance DWIs to participate in interlock just like those involved in alcohol-related DWIs. For guidance on DWI charges, license revocation issues, and ignition interlock requirements, contact Archambault Criminal Defense.
