Policeman let me off but retained my physical driver's license
I was pulled over for a burnt out tail light (yeah right) and given a breathelizer test. The policeman stated he had probable cause that I had consumed 1 or more alcoholic beverages. I blew a 0.088. He was nice and I engaged in a conversation with him regarding MN laws and statutes. He told me to call for a ride and leave me vehicle parked and he wouldn't take me in for a DWI. My ride came and we left. When I arrived at home I realized that he never returned my physical Driver's License to me. Is this a ''goof'' on his part and he just forgot to return it, or am I in more trouble than I originally suspected?
2 Answers from Attorneys
Re: Policeman let me off but retained my physical driver's license
Under MN law, a person does not need to be over the legal limit of .10 to be charged with a DWI. The prosecutor still has the option of proceeding with a DWI charge, but could also charge the offender with something like careless driving instead. Usually this decision will depend on how well the officer documented any evidence of your intoxication (slurred speech, smell of alcohol, bloodshot eyes, stumbling, admission that you were drinking, etc.). In your case, since you tested under .10, the officer may have decided to simply let you go. Did the officer give you a ticket of any kind? The fact that the officer kept your license is an oversight, whether you will be charged with anything or not. An officer can only keep or clip a driver's license if someone actually tests over .10, or if you have an alcohol restriction on your license. If you have any more questions about this incident or would like to provide me with more explanation about what happened, feel free to contact me at 612-414-6421.
Re: Policeman let me off but retained my physical driver's license
Based on this written account, it seems likely the cop does not mean to have you charged with anything. If he had wanted you charged, he could have written you a Summons-citation for DWI, Careless Driving, tail light fix-it, etc. He still could have you charged if he wants to do so -- though like I said, it seems unlikely at this point. Consistent with the old maxim, "let sleeping dogs lie," were I in this situation, I think I would go request a duplicate drivers license for, what, $8.00? -- rather than call the cop to ask for it back. By the way, the Minnesota crime of driving with an alcohol concentration over 0.10 or more is different than the separate and distinct Minnesota crime of Driving While Impaired (DWI). A person can be charged with the crime of DWI even though there is no evidence of 0.10 or more BAC. In that instance, however, the prosecutor may face an uphill battle, unless the defendant has no lawyer.
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