how can a class b liscence be revoked from drinking not in a car
my fiance is a recovering alcoholc with 4 past dwis he has had a class be liscence with a no-alcohol restriction on it, he went through treatment 5 years ago and has been sober for 5 years, he had a relapse and drank at home for 5 days straight but never left the house, i had to call the police and send him to detox, i had to do something to bring him around and get him back on track before we lost everything, the next thing i know his liscence has been taken away for 3 years, he is back in AA and doing well but how can they do this?
1 Answer from Attorneys
Re: how can a class b liscence be revoked from drinking not in a car
From your description it sounds like he had an alcohol-restricted "B-Card" driver's license. That type of drivers license is conditioned upon no use of alcohol at all, ever, even when not driving. If he is eligible for another alcohol-restricted "B-Card" driver's license, after CD treatment and three years documented sobriety, this is called the "second rehabilitation." The first "rehabilitation" is only one year. As my opponents at the Minnesota Department of Public Safety like to say: "There is no third rehab!" This means that if he ever uses alcohol again EVEN WHEN NOT DRIVING, if they know his identity, he will never again be able to get a drivers license of any kind. Personally, I feel this is outrageously unfair (especially when not driving!), and has the bad effect of discouraging people like him from admitting a slip and getting help. The Minnesota courts so far have said that the State of Minnesota can do this. To fight it in court would be to make new law, difficult. The legislature could change the law to make it more fair. You might want to contact your state senator, representative, and Governor.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
