In Minnesota, a license revocation is handled in a civil case separate from the criminal offense of driving while intoxicated (DWI/DUI). In other words, there are two separate lawsuits and you need to win them both. You need an attorney who knows how to protect you in the criminal case and the civil case.
At Sheridan & Dulas, P.A., we do not believe that you should simply surrender your driver’s license without a fight. Our DWI defense attorneys always challenge license revocations – and often win. We have successfully represented people in revocation hearings across the Twin Cities and throughout Minnesota.
The clock is ticking on your license. Don’t delay one day more! You must initiate action against the Minnesota Commissioner of Public Safety to challenge suspension or revocation of your driver’s license. This action must be commenced within 60 days of the notice of revocation (usually the date of the DWI arrest).
A Revoked License Is Not Automatic, It Can Be Challenged
The most common mistakes regarding the loss of license from a DWI/DUI:
(a.)Failing to request a hearing in time – Once the 30-day statute of limitations runs out, your license will be suspended or revoked for the statutory period. You should contact an attorney as soon as possible for the best chance of retaining your driving privileges, rather than waiting until the 29th day to bring a civil action against the Commissioner of Public Safety.
(b.)Failing to understand that the criminal charges and the license revocation are separate – It is possible to win your court case or have the DWI charges dismissed … but still, lose your license. Conversely, it is also possible to win your license revocation case but still be convicted of DWI.
(c.)Failing to take revocation seriously – Some people are resigned to the hardship of losing their license. But under Minnesota law, a revocation counts the same as a criminal conviction for future DWI/DUI arrests. Driving on a revoked/suspended license can also result in new criminal charges and longer revocation.
You Need An Attorney Who Can Fight For You On Both Fronts
Criminal defense lawyer Jeffrey Sheridan is recognized as one of the top DWI lawyers in Minnesota, and he has tried hundreds of license revocation cases. Where other attorneys surrender if the arresting officer shows up in court, Jeffrey fights on. First of all, he frequently prevails on behalf of clients, enabling them to keep their full driving privileges. Win or lose, he gains invaluable insights into your pending criminal case.
Revocation for a first offense:
- 90 days for an alcohol concentration of .08 to .15
- 1 year for an alcohol concentration of .16 or more
- 1 year for test refusal
Revocation for a second offense:
- 1 year for an alcohol concentration of .08 to .15
- 2 years for an alcohol concentration of .16 or more
- 2 years for test refusal
Revocation for a third offense is 3 years.
Revocation for a fourth offense is 4 years.
Revocation for a fifth offense is 6 years.
Drivers under age 21 lose their licenses for longer periods.
All but first offenders with an alcohol concentration of less than .16 will be required to install an ignition interlock device on their vehicles in order to be able to drive again.
We Aim To Keep A DWI Off Your Driving Record
A sentencing judge in a criminal case has no power to rescind or alter revocation. You must fight for your license in a separate process, and you must initiate this action shortly after your arrest.