DWIs in Minnesota are complex. There is a detailed procedure that a police officer must follow to stop, arrest, and require someone to take a breath, blood, or urine test. DUIs are equally complex for someone who fails or refuses that test. In addition to criminal charges, it is likely that person will have their driver’s license revoked. Unlike the criminal case, however, you need to affirmatively file for judicial review–the matter does not go to court automatically. So, what do you need to know about getting your license reinstated?
Two Types of Review
In Minnesota, you can have your DWI license revocation reviewed two ways: 1) judicial review and 2) administrative review. Judicial review is typically the better option to challenge the revocation because an independent judge determines whether the license was properly revoked. In addition, it may be possible to suspend the revocation while the challenge is pending. However, a judicial review is complex and typically carries a filing fee with it.
The other type of review is administrative review. Under that review, you write a letter to the Department of Public Safety requesting the revocation to be reversed. Typically, the revocation will be sustained unless a clerical error occurred. It is rare for a substantive challenge to succeed on administrative review.
The 30-day deadline
The most important thing to know is that in Minnesota you only have 30 days to file for judicial review from the date of the notice of revocation. If you miss that deadline, you will be unable to bring your matter to court. That is why when someone calls me who has been arrested for a DWI, I urge them to set up a consultation immediately so that the time for review is preserved, even if they don’t have a date set for the criminal matter yet.
Because Minnesota’s DWI laws are complex and constantly evolving, it is important that you contact an experienced St. Paul DWI Lawyer to assist with your case. If you are charged with a DWI, contact Eric Rice for a free consultation at (651) 998-9660.