Cancelled Driver’s License From DWI
Most drivers take the privilege to drive for granted. It is only after a driver’s license has been canceled that they realize how integral the ability to drive is to the day-to-day tasks of life. If your driver’s license has been canceled due to a DWI offense, talk to Keller Law Offices. We can help you go onto ignition interlock and obtain a B-card license that allows you to drive with restrictions, as well as explore other options for maintaining your driving privileges.
We Can Help You Keep Your Driving Privileges
When you receive a Minnesota driver’s license, you give your implied consent to submit to alcohol content (AC) tests if there is probable cause to suspect you of drunk driving. You also give your implied consent to automatic license revocation if you are arrested for DWI and you refuse an AC test. If you refused to take a test, or if you failed a test, you have seven days before your license is revoked (a seven-day temporary driver’s license).
Our attorney, Max A. Keller, has extensive knowledge of Minnesota’s implied consent laws as well as the full spectrum of DWI defenses available. Additionally, he can identify the alternatives that are available to you:
- You may be able to obtain a work permit.
- If you agree to ignition interlock, you may be able to get your driver’s license back within a few days and avoid losing your job due to DWI.
- If you are a repeat or felony offender, it is likely you face vehicle forfeiture. We fight to help you keep your vehicle, or return it to the innocent owner if applicable.
Do You Have a Restricted Driver’s License?
If you have a B-card (indicating you cannot consume alcohol, even when you are not driving), you can be charged with a gross misdemeanor if you were driving in violation of your B-card license. Even if you were not driving, you could still lose your license for three years or more — unless you fight your driver’s license cancellation. Our law firm also defends people who are charged with B-card violations.
Driving After Revocation (DAS) and Driving After Suspension (DAS)
Driving after revocation (DAR), driving after suspension (DAS) and driving after cancellation (DAC) are commonly charged crimes in Minnesota. Each of these crimes is commonly referred to as “driving without a [valid] license.”
What happens to you in Minnesota if you plead guilty to DAR, DAS or DAC?
- A DAR or DAS is always a misdemeanor. The maximum penalty is 90 days in jail and/or a $1,000 fine per count of DAR/DAS.
- If you were caught driving on a suspended license four times, and all four charges are consolidated into one court appearance, you could go to jail for one year (four counts times 90 days is 360 days, or about one year).
- DAC is often a gross misdemeanor, meaning the maximum penalty for one charge is one year in jail and/or a $3,000 fine.
- DAC is only a gross misdemeanor if the person was driving after cancellation as inimical to public safety (DAC-IPS) as a result of too many DWIs.
- Other forms of DAC, like driving after being canceled for failure to provide proof of insurance, are still a misdemeanor.
The Important Part
If you plead guilty to and are convicted of DAR, DAS or DAC, you automatically lose your license for at least 30 days, even if you had received a valid driver’s license by the time of your court appearance. Unfortunately, many prosecutors and judges do not tell people charged with DAR, DAS or DAC that a guilty verdict will cause them to lose their driver’s license again, and thereby risk more charges of driving without a license.
To make matters worse, the court system — in an effort to save money and supposedly to help drivers — has made DAR and DAS “payable offenses.” That means you can plead guilty by mail (or through the Web) by sending in your ticket and your fine payment. What the courts fail to explain is that by pleading guilty by mail, you are guaranteed to lose your license again. Moreover, you also lose your license if you are found guilty of no proof of insurance or no insurance.
The only way to protect your driver’s license status and keep it valid is to hire an experienced Minnesota driving after cancellation attorney today! Your attorney will know various ways to resolve your case without a finding of guilt for a charge that will cause you to lose your license. With a skilled Minnesota, criminal defense and traffic law attorney, you can preserve your license, your job and your freedom.
Call Keller Law Offices at 952-913-1421 or toll free at 866-929-7597 for a free initial consultation. We offer two metro area office locations for your convenience.