WARNING: All of these laws can change frequently. There are bills in the legislature changing DWI law every single year. These answers to common questions are not legal advice in any case. Consult an attorney before making decisions and to learn what may have changed, and what applies in your case.

Q: The police took my license. Can I challenge this?

A: Yes! But you only have 30 days from the Notice of Revocation date to do it. You need an Implied Consent hearing. This will become a separate case from your criminal DWI case.

Q: Can I do this myself? Should I?

A: You may represent yourself. You must properly serve the proper State agency with a proper copy of a Petition for Judicial Review, and properly file it, with proof of service on the State, and with the proper filing fee, in the proper district court. There are very specific facts which must be in every petition and you must also specify the grounds upon which you believe a judge should rescind the revocation and order the Commissioner of Public Safety to reinstate your license. You must have your witnesses and evidence ready at the hearing and follow the rules of evidence and the rules of procedure to present your case.

These rules are to assure fairness in court proceedings, but obviously, going up against the government's attorney without your own attorney will feel very unfair. The government knows all the rules.

Q: I've heard the government always wins. Is it worth it?

A: With the right lawyer, yes. Not only might you get your license back, you might also learn things at the Implied Consent Hearing that convince you to re-think your strategy in your DWI criminal case.

You may also be surprised to learn that the Implied Consent License Revocation that stays on your record unless you challenge it can be used in Minnesota to enhance any future DWI's to a gross misdemeanor or even a felony - and this is true even if your current DWI is reduced to careless driving, or even if it is dismissed, or you are acquitted after a trial!

Since, today, the license revocation alone hurts your insurance, gets you longer revocations if you re-offend, gets you more jail time if you re-offend, qualifies you for license plate loss and vehicle forfeiture in the future - even if you win the criminal DWI case - it certainly is "worth it" to try and win the revocation case. If your lawyer disagrees, ask him or her why.

Q: How long are revocations?

A: First time test result over .08 but under .20 brings 90 days minimum revocation, and continues until you meet all the requirements for reinstatement. A First time .20 or higher test result, or a child under 16 in the vehicle, brings 180 days minimum revocation, plus meeting all reinstatement requirements. Refusal to test brings a one-year minimum revocation plus the reinstatement requirements. There are other categories as well.

This information may not be used without written permission.

Please select a topic below:

• Costs Of DWI
• Challenging Your DWI
• DWI Penalties
• Field Sobriety Test
• Intoxilyzer Source Code
• Levels Of DWI Charges
• License Revocation
• MN Implied Consent
• Out Of State Defendants
• Probation Violations
• Snowmobiling While Intoxicated
• Boating While Intoxicated
• DWI Test Refusal
• Vehicle Forfeitures
• Bail Bonds

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