Sober driver with DWI record arrested for alleged DAC-IPS, probation offenses

Law enforcement in New York Mills, Minnesota, recently arrested a man on an alleged probation violation. The man reportedly has 27 prior DWI-related offenses on his record. The most recent arrest, however, does not include any evidence that the man had been consuming alcohol.

Authorities claim that the man was caught driving his car when he was stone-cold sober. However, the man reportedly has had his driving privileges cancelled in Minnesota.

In addition to the cancellation of his license, the man most recently was released from prison and is prohibited from driving as a condition of his probation. The man now faces a possible revocation of his probation, and new charges for driving after cancellation as inimical to public safety charges.

This blog has previously discussed DAC-IPS charges in Minnesota. In any DWI case under Minnesota’s implied consent law, the state automatically revokes the person’s privilege to drive upon being arrested on suspicion of DWI. The length of the revocation typically varies, based upon several factors in the individual case. Generally, the more DWI arrests that a person gets in ten years, the greater the length of the revocation.

The state can also cancel a person’s license as inimical to public safety. Generally, a license can be cancelled after a third DWI offense.

Each successive implied consent license revocation, or cancellation as inimical to public safety, increases the difficulty for a driver to qualify for license reinstatement. A driver accused of DWI–even for a first-time Minnesota DWI–should consider speaking with an experienced Minneapolis DWI defense lawyer as soon as possible after the arrest.

The time-line to challenge a license revocation runs out fast. Moreover, the impact of a license revocation can be felt for years to come, even if the DWI charges are dismissed in criminal court.

A challenge to a DWI license revocation is conducted separately from the criminal charges in the DWI case.

When a driver is accused of DAC-IPS, generally classified as a gross misdemeanor in Minnesota, the stakes are high. An experienced criminal defense lawyer can help a defendant in navigating the legal issues associated with serious Minnesota driving offense allegations.

Source: WDAY-TV, “Minnesota man with 27 DWIs back in jail for driving under cancellation,” Kevin Wallevand, June 5, 2012

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

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