Driving Issues in Minnesota DWI Cases
Following a DWI arrest in Minnesota, the police will request you to submit to a chemical test of your blood, breath, or urine for purposes of determining your blood alcohol content (BAC). You must be advised of your right to consult with an attorney before making the decision to take the test. The police are also required to read you what are called your "implied consent" rights, which inform you of the consequences that will occur if you refuse a chemical test.
IMPLIED CONSENT
Under Minnesota's implied consent law, every driver is deemed to have given his/her consent to a chemical test. As such, a test refusal is a misdemeanor offense, punishable by fine and possible imprisonment, as well as a one year civil license suspension. These penalties are in addition to, and run concurrent with, any penalties that may be imposed as a result of a criminal DWI conviction.
DWI suspects who submit to a chemical test but fail, by providing a BAC of .08 or higher (or .04 or higher for commercial vehicles) will face a license suspension of 90 days, or 6 months if under the age of 21. Suspects with prior refusals or high BAC results (.20 and higher) face longer suspension periods.
ADMINISTRATIVE REVIEW HEARING
Following a chemical test refusal or failure, the police will confiscate and invalidate the suspect's driver's license by clipping the corner of the license, and then return the license to the individual. A temporary driving permit will be issued that is valid for the seven days following arrest. On the seventh day, the permit will expire and the person's driver's license will be suspended for a period of 90 days. Notice of the license suspension will be forwarded to the commissioner, who will review the police information and send notice of revocation or suspension to the DWI suspect. The suspect must file a request for a review hearing within 30 days after receiving a notice of revocation to contest the suspension of their driver's license. An administrative review hearing will then be conducted before a district judge in the district where the DWI offense allegedly occurred. The review hearing is done in court and may be conducted at the same time as a pretrial hearing regarding the criminal DWI charge that resulted from the same incident. The issues that are argued at this hearing include whether there was a valid arrest, whether the chemical test was requested, and whether the subject refused the test. If any issue is answered in the negative, the suspect's license will be fully restored. If the court determines that the license suspension is valid, the DWI suspect may appeal to the higher courts, but must do so timely or their right to appeal will be considered waived.
To reinstate a license following a suspension/revocation, several steps are required, including the appearance in court and the payment of reinstatement fees.
Work permits may be obtained during a suspension period for those who are eligible. In some circumstances, a limited license may be issued under which the DWI offender will be allowed to drive with certain restrictions including the installation of an ignition interlock device.
**NOTE - The penalties that are imposed for chemical test failures or refusals are civil penalties that are in addition to, and that run concurrent with, the punishments that are imposed as a result of a criminal DWI conviction arising from the same incident.
Minnesota DWI Implied Consent Statutes
Subd. 2.Refusal to submit to chemical test crime.
It is a crime for any person to refuse to submit to a chemical test of the person's blood, breath, or urine under section 169A.51 (chemical tests for intoxication), or 169A.52 (test refusal or failure; revocation of license).
Subd. 3.Sentence.
A person who violates this section may be sentenced as provided in section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired), 169A.26 (third-degree driving while impaired), or 169A.27 (fourth-degree driving while impaired).
169A.52 TEST REFUSAL OR FAILURE; LICENSE REVOCATION.
Subdivision 1.Test refusal.
If a person refuses to permit a test, then a test must not be given, but the peace officer shall report the refusal to the commissioner and the authority having responsibility for prosecution of impaired driving offenses for the jurisdiction in which the acts occurred. However, if a peace officer has probable cause to believe that the person has violated section 609.21 (criminal vehicular homicide and injury), a test may be required and obtained despite the person's refusal. A refusal to submit to an alcohol concentration test does not constitute a violation of section 609.50 (obstructing legal process), unless the refusal was accompanied by force or violence or the threat of force or violence.
Subd. 2.Reporting test failure.
(a) If a person submits to a test, the results of that test must be reported to the commissioner and to the authority having responsibility for prosecution of impaired driving offenses for the jurisdiction in which the acts occurred, if the test results indicate:
(1) an alcohol concentration of 0.08 or more;
(2) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in physical control of a commercial motor vehicle at the time of the violation; or
(3) the presence of a controlled substance listed in schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols.
(b) If a person submits to a test and the test results indicate the presence of a hazardous substance, the results of that test must be reported to the authority having responsibility for prosecution of impaired driving offenses for the jurisdiction in which the acts occurred.
Subd. 3.Test refusal; license revocation.
(a) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired), and that the person refused to submit to a test, the commissioner shall revoke the person's license or permit to drive, or nonresident operating privilege, for a period of one year even if a test was obtained pursuant to this section after the person refused to submit to testing.
(b) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with the presence of any alcohol in violation of section 169A.20 (driving while impaired), and that the person refused to submit to a test, the commissioner shall disqualify the person from operating a commercial motor vehicle and shall revoke the person's license or permit to drive or nonresident operating privilege according to the federal regulations adopted by reference in section 171.165, subdivision 2.
Subd. 4.Test failure; license revocation.
(a) Upon certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 (driving while impaired) and that the person submitted to a test and the test results indicate an alcohol concentration of 0.08 or more or the presence of a controlled substance listed in schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols, then the commissioner shall revoke the person's license or permit to drive, or nonresident operating privilege:
(1) for a period of 90 days;
(2) if the person is under the age of 21 years, for a period of six months;
(3) for a person with a qualified prior impaired driving incident within the past ten years, for a period of 180 days; or
(4) if the test results indicate an alcohol concentration of 0.20 or more, for twice the applicable period in clauses (1) to (3).
(b) On certification by the peace officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol and that the person submitted to a test and the test results indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the person from operating a commercial motor vehicle under section 171.165 (commercial driver's license disqualification).
(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of Criminal Apprehension, or authorized by the bureau to conduct the analysis of a blood or urine sample, the laboratory may directly certify to the commissioner the test results, and the peace officer shall certify to the commissioner that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of section 169A.20 and that the person submitted to a test. Upon receipt of both certifications, the commissioner shall undertake the license actions described in paragraphs (a) and (b).
Subd. 5.Unlicensed drivers; license issuance denial.
If the person is a resident without a license or permit to operate a motor vehicle in this state, the commissioner shall deny to the person the issuance of a license or permit after the date of the alleged violation for the same period as provided in this section for revocation, subject to review as provided in section 169A.53 (administrative and judicial review of license revocation).
Subd. 6.Notice of revocation or disqualification; review.
A revocation under this section or a disqualification under section 171.165 (commercial driver's license disqualification) becomes effective at the time the commissioner or a peace officer acting on behalf of the commissioner notifies the person of the intention to revoke, disqualify, or both, and of revocation or disqualification. The notice must advise the person of the right to obtain administrative and judicial review as provided in section 169A.53 (administrative and judicial review of license revocation). If mailed, the notice and order of revocation or disqualification is deemed received three days after mailing to the last known address of the person.
Subd. 7.Test refusal; driving privilege lost.
(a) On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test shall serve immediate notice of intention to revoke and of revocation on a person who refuses to permit a test or on a person who submits to a test the results of which indicate an alcohol concentration of 0.08 or more.
(b) On behalf of the commissioner, a peace officer requiring a test or directing the administration of a chemical test of a person driving, operating, or in physical control of a commercial motor vehicle shall serve immediate notice of intention to disqualify and of disqualification on a person who refuses to permit a test, or on a person who submits to a test the results of which indicate an alcohol concentration of 0.04 or more.
(c) The officer shall:
(1) invalidate the person's driver's license or permit card by clipping the upper corner of the card in such a way that no identifying information including the photo is destroyed, and immediately return the card to the person;
(2) issue the person a temporary license effective for only seven days; and
(3) send the notification of this action to the commissioner along with the certificate required by subdivision 3 or 4.
Subd. 8.Notice of action to other states.
When a nonresident's privilege to operate a motor vehicle in this state has been revoked or denied, the commissioner shall give information in writing of the action taken to the official in charge of traffic control or public safety of the state of the person's residence and of any state in which the person has a license.
169A.53 ADMINISTRATIVE AND JUDICIAL REVIEW OF LICENSE REVOCATION.
Subdivision 1.Administrative review.
(a) At any time during a period of revocation imposed under section 169A.52 (revocation of license for test failure or refusal) or a period of disqualification imposed under section 171.165 (commercial driver's license disqualification), a person may request in writing a review of the order of revocation or disqualification by the commissioner, unless the person is entitled to review under section 171.166 (review of disqualification). Upon receiving a request the commissioner or the commissioner's designee shall review the order, the evidence upon which the order was based, and any other material information brought to the attention of the commissioner, and determine whether sufficient cause exists to sustain the order. Within 15 days of receiving the request the commissioner shall report in writing the results of the review. The review provided in this subdivision is not subject to the contested case provisions of the Administrative Procedure Act in sections 14.001 to 14.69.
(b) The availability of administrative review for an order of revocation or disqualification has no effect upon the availability of judicial review under this section.
(c) Review under this subdivision must take place, if possible, at the same time as any administrative review of the person's impoundment order under section 169A.60, subdivision 9.
Subd. 2.Petition for judicial review.
(a) Within 30 days following receipt of a notice and order of revocation or disqualification pursuant to section 169A.52 (revocation of license for test failure or refusal), a person may petition the court for review. The petition must be filed with the district court administrator in the county where the alleged offense occurred, together with proof of service of a copy on the commissioner, and accompanied by the standard filing fee for civil actions. Responsive pleading is not required of the commissioner, and court fees must not be charged for the appearance of the commissioner in the matter.
(b) The petition must:
(1) be captioned in the full name of the person making the petition as petitioner and the commissioner as respondent;
(2) include the petitioner's date of birth, driver's license number, and date of the offense; and
(3) state with specificity the grounds upon which the petitioner seeks rescission of the order of revocation, disqualification, or denial.
(c) The filing of the petition does not stay the revocation, disqualification, or denial. The reviewing court may order a stay of the balance of the revocation or disqualification if the hearing has not been conducted within 60 days after filing of the petition upon terms the court deems proper.
(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except that prehearing discovery is mandatory and is limited to:
(1) the notice of revocation;
(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
(3) the peace officer's certificate and any accompanying documentation submitted by the arresting officer to the commissioner; and
(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
Other types of discovery are available only upon order of the court.
Subd. 3.Judicial hearing; issues, order, appeal.
(a) A judicial review hearing under this section must be before a district judge in any county in the judicial district where the alleged offense occurred. The hearing is to the court and may be conducted at the same time and in the same manner as hearings upon pretrial motions in the criminal prosecution under section 169A.20 (driving while impaired), if any. The hearing must be recorded. The commissioner shall appear and be represented by the attorney general or through the prosecuting authority for the jurisdiction involved. The hearing must be held at the earliest practicable date, and in any event no later than 60 days following the filing of the petition for review. The judicial district administrator shall establish procedures to ensure efficient compliance with this subdivision. To accomplish this, the administrator may, whenever possible, consolidate and transfer review hearings among the locations within the judicial district where terms of district court are held.
(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
(1) Did the peace officer have probable cause to believe the person was driving, operating, or in physical control of a motor vehicle or commercial motor vehicle in violation of section 169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or collision resulting in property damage, personal injury, or death?
(4) Did the person refuse to take a screening test provided for by section 169A.41 (preliminary screening test)?
(5) If the screening test was administered, did the test indicate an alcohol concentration of 0.08 or more?
(6) At the time of the request for the test, did the peace officer inform the person of the person's rights and the consequences of taking or refusing the test as required by section 169A.51, subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or in physical control of a motor vehicle, did the test results indicate at the time of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in schedule I or II or its metabolite, other than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or in physical control of a commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time of testing?
(10) Was the testing method used valid and reliable and were the test results accurately evaluated?
(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, the petitioner's refusal to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports, records, documents, licenses, and certificates are admissible as substantive evidence.
(e) The court shall order that the revocation or disqualification be either rescinded or sustained and forward the order to the commissioner. The court shall file its order within 14 days following the hearing. If the revocation or disqualification is sustained, the court shall also forward the person's driver's license or permit to the commissioner for further action by the commissioner if the license or permit is not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing court may appeal the decision as provided in the Rules of Appellate Procedure.
(g) The civil hearing under this section shall not give rise to an estoppel on any issues arising from the same set of circumstances in any criminal prosecution.
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