Legal Question in DUI Law in Minnesota

1.) What evidence is necessary to prompt the DPS to issue a revocation of the restricted license?

The state in an administrative hearing must show that alcohol consumption occurred by a preponderance of the evidence. That usually means more than likely (51%) chance.

2.) Does physical evidence of BAC need to be presented or will eye witness account(s) suffice?

Physical evidence is unnecessary. Witness statements may support a cancellation.

3.) If an eyewitness account suffices what are the time limitations on reporting such a violation, if any? May a no consumption violation be reported long past the alleged violation? e.g. I saw Bill with a glass of champaign on New Years Eve 2 years ago?

There is no time limit. However, credibility is increasingly suspect with the passage of time.

4.) How does another jurisdiction interpret the b-card, say North Dakota?

You would have to inquire in North Dakota.

5.) If a person were to move to another state and obtain a license, is the b-card restriction in MN still in effect i.e. if that person drinks in the other state and this were reported to MN DPS what would occur? Could MN cancel driving privileges and thus they would be cancelled in the new place of residence due to interstate compact?

Yes. It is itill in place in Minnesota and alcohol use would result in a license cancellation. That would not necessarily result in the cancellation of a license validly issued in another state.

6.) A slight permutation of the previous question, said person returns to MN to visit and is found to have drank while in MN but is a resident in another state, how would this scenario play?

If reported in Minnnesota, the Minnesota driving proviliges would be cancelled as Inimical to Public Safety.

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