If you win your DWI case, you would assume that any driving sanctions that have been put in place will be lifted upon the dismissal of your charges, but is that actually the case? You may be surprised to learn that you can still face a driver’s license suspension even if you win your DWI case in Minnesota. We explain why that’s the case in today’s blog.
Winning Your DWI Case, Losing Your License
America was built on the premise that you are innocent until proven guilty, but that’s not really how the law applies to DWI cases and your driver’s license. If you are arrested for DWI, your license suspension will kick in right away. With your arrest, you will be notified that your license is being revoked immediately, but you will then be granted a seven-day temporary license that will go into effect. You will be able to continue driving four seven days, after which your license suspension will officially begin.
Obviously this revocation will kick in before your case is heard. Heck it will probably commence well before you make your initial appearance. So why is it okay for punishments to be levied before a judgment has been made about the criminal charges? That’s because a license revocation is treated as an administrative matter, and therefore punishments do not need to wait until the criminal matter has concluded.
An administrative revocation will be triggered if:
- A driver fails a standardized chemical test and is arrested for DWI
- A driver declines to submit to a chemical test (implied consent violation)
If either of those actions occur, your license will be revoked on the spot, and that revocation will fully go into effect after the expiration of the seven-day temporary license.
You have the right to appeal this revocation, regardless of the outcome of your criminal case. You will be appealing a civil lawsuit against the Minnesota Department of Public Safety, and the appeal must be filed within 60 days of receiving the Notice of Revocation. Your license remains revoked while the appeal is pending, so the sooner you file the appeal, the sooner you’ll be able to work to get your driving rights restored. Your driving privileges will not automatically be restored in the event you win your case, so plan on moving forward with this appeal if you want your driver’s license revocation to be overturned.
It’s a bit of a pain that the driver’s license restrictions are handled separately from the criminal matter, but it’s something you’ll need to navigate if you ever find yourself dealing with the fallout of a DWI. We can assist with both the administrative and criminal issues and help you find a positive resolution to your case.
For more information about DWIs or drivers’s license restrictions, reach out to the team at Appelman Law Firm today at (952) 224-2277.
