Minnesota DWI license revocation law includes ignition interlock provisions

Use of ignition interlock devices is a growing trend across the nation to control the number of DWI/DUI arrests in the country. A recent study indicates that the number of the devices that have been installed has more than doubled across the country in the last five years. The national study says that roughly 249,000 cars across the country now have ignition interlock devices installed. That number is a significant increase that the roughly 101,000 cars equipped with the devices in 2006.

This year, Minnesota became one the growing number of states that have enacted laws regarding the potential use of ignition interlocks under implied consent or DWI statutes. Minnesota began a pilot program to test the devices back in 2009. However, a new law went into effect on July 1, expanding the use of ignition interlocks for certain drivers in Minnesota who wish to participate in the ignition interlock program.

First-time offenders who test 0.16 percent or greater and all second-time DWI offenders can regain their driving privileges sooner through participating in the Minnesota Ignition Interlock Program, according to the Minnesota Department of Public Safety.

The program includes separate provisions for Minnesota drivers whose licenses have been cancelled and those cancelled as “inimical to public safety.” Those drivers are required to participate in the interlock device program for three to six years before they can regain full driving privileges under state law, according to the DPS.

Ignition interlock devices can reduce the period a driver is prohibited from driving under the state’s tough implied consent license revocation laws. However, the devices can certainly increase the overall costs of a DWI conviction. The U.S. Department of Transportation estimates that having the device on a vehicle costs a driver between $800 and $1000 each year. Some experts say the costs can actually be higher.

The devices act essentially as a personal breathalyzer. A driver must blow into the device before starting the car. If the device detects a specified level of alcohol in the breath test, the car will not start, according to the DPS.

Source: The New Mexican, “Interlock use burgeoning across U.S.,” Kate Nash, Oct. 16, 2011

Minnesota Department of Public Safety, “Minnesota Ignition Interlock Device Program.”

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

How a DWI Affects CDL Holders in Minnesota

Commercial motor vehicle drivers arrested or charged with driving while impaired (DWI) may need to know how a DWI affects CDL holders in Minnesota. You will lose your Commercial Driver’s License (CDL) for at least a year if you are convicted of DWI for the first time, and forever after a second conviction. The consequences go beyond the immediate legal implications of a DWI conviction. A CDL suspension or revocation will lead to job loss, difficulty finding employment, and serious financial challenges.

How a DWI Affects Rideshare Drivers in Minnesota

Knowing how a DWI affects rideshare drivers in Minnesota allows you to take the right steps to protect your license and livelihood. A DWI conviction will lead to suspension or cancellation of your driver’s license. Once you lose your license, you will be ineligible for a work permit required to work for rideshare companies as a driver. You may also face jail time, fines, or ignition interlock device (IID) installation, depending on the seriousness and number of related offenses on your record.

Can Police Search Your Phone Without a Warrant in Minnesota?

People under criminal investigation or whose phones have been seized by law enforcement officers may ask, “Can police search your phone without a warrant in Minnesota?” It’s illegal for police to search your phone without a warrant. However, there are exceptions to the warrant requirement. These exceptions include when you consent to the search, someone’s life is in danger, or there is an immediate risk of evidence destruction.