License suspended
I did not drive my veh while under
the influ of alcohol but was accused
of it because the female I was with
did and she told the officer I drove. I
was 20 ft away and not in the veh
when the officer drove up. He asked
who drove the veh and she said I did.
They took her word and arrested me.
I took the test and was over the limit
but I did not drive while drinking.
Went to court and the judge threw it
out of court. My lic still got pulled
even after the appeal. What is the
law on this matter?
1 Answer from Attorneys
Re: License suspended
I am not sure of the complete picture of your situation. It seems possible that you may not have been aware that in Minnesota a DWI arrest results in at least two legal actions, one criminal and the other "civil" administratively revoking your drivers license under the "implied consent law." Under the implied consent statute, you have only 30 days from the Notice of Revocation to serve and file in court a challenge to the "civil" license revocation. Most people are unaware of this, unless they hire a good DWI defense lawyer to help them.
To put it another way, to keep your drivers license free of an alcohol-related negative action, you must not only avoid an alcohol-related conviction, but must also file a court action against the "civil" administrative drivers license revocation within 30 days and then win the hearing in court on that case as well.
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