In Minnesota, driving under the influence (DUI), also known as driving while intoxicated (DWI), carries serious consequences. For a first offense, penalties include fines, jail time, mandatory alcohol education programs and license suspension. The severity of these penalties often depends on the specifics of the case, such as the driver’s blood alcohol content (BAC) and any aggravating factors, such as causing injuries or having an extremely high BAC.
Conditions for keeping or quickly regaining your license
There are a few ways a driver might retain or swiftly regain their Minnesota driver’s license following a DUI:
- Limited license (work permit): After a DUI arrest, drivers might be eligible for a restricted license, allowing them to drive to work, school or treatment programs. To qualify, you must enroll in a DWI education program and meet certain conditions, including having a BAC below .16.
- Ignition interlock device program: Installing an ignition interlock device (IID) in your vehicle may allow you to maintain driving privileges. This device requires you to pass a breathalyzer test before starting the vehicle. Participation in this program can also reduce the duration of your license suspension. Drivers must also pay for its installation, upkeep and removal.
- Compliance with DUI programs: Completing any required programs and fulfilling their probationary requirements demonstrates responsibility and potentially aids in license reinstatement.
- Administrative review: You can request a review of the administrative license suspension. If successful, this can lead to the reinstatement of your driving privileges.
Conditions leading to license loss
Certain conditions can lead to the loss of a driver’s license due to DUI charges or conviction:
- High blood alcohol content (BAC): A BAC of 0.08% or higher results in license suspension, with higher BAC levels (.16% and above) leading to more severe penalties.
- Refusal to take a test: Under Minnesota’s implied consent laws, refusing a chemical test results in an automatic license suspension, often longer than if you had taken the test.
- Non-compliance with programs: Failing to complete required alcohol education or treatment programs can extend suspension periods.
- Other aggravating factors: Having a child in the car or causing an accident or injury can lead to harsher penalties.
The attorney’s role
A criminal defense lawyer who handles DUI defense can play a crucial role in helping drivers retain or regain their license after a DUI. They can scrutinize the legality of the traffic stop, testing procedures and other evidence, potentially leading to reduced charges or case dismissal. They can also negotiate plea deals that might reduce or eliminate suspension periods or alternative sentencing. Of course, they can provide legal representation at administrative and court hearings, which can improve the driver’s chances of maintaining or regaining driving privileges.