Out of State DUI
I was convicted of DUI #1 in 2000 in MN. I am now facing charges for a 2nd offense but in the State of South Dakota (arrested Dec. 2005). Assuming I will lose my license in SD, will that carry back to MN and will I have to forfeit my plates? Can I get a work permit to continue working? Will I receive whiskey plates?
3 Answers from Attorneys
Re: Out of State DUI
If you have a Minnesota license, it will be reported in the State of Minnesota and they will revoke your license. You are also likely to receive a notice to turn in your plates in exchange for special series plates. this will likely only happen after the South Dakota case is resolved.
For additional information visit us at www.dwicounsel.com
Re: Out of State DUI
What triggers plate impoundment as I read the statute is the revocation of your driving privileges within ten years of a prior. If South Dakota reports the conviction as they are supposed to do, you should expect to have both a revocation of your MN license and an order impounding your plates.
Under the circumstances you describe, I would expect to see these come to you in the mail. If you go to my web page at http://www.mn-dwi.com/manual.html, you will find specific instructions on how to check the status of your Minnesota license.
For more info on the special plates, go to my page at http://www.mn-dwi.com/seizure.html.
Good luck.
Re: Out of State DUI
To prevent problems with your drivers license in Minnesota, your best bet would be to hire a good DWI lawyer in South Dakota, and try to defeat the South Dakota "implied consent" license revocation there, as well as the DWI (alcohol-related) criminal charge.
Due to the "Drivers License Compact" in Minnesota and South Dakota statutes, a revocation of your right to drive in South Dakota, or a conviction on a DWI charge there, would almost certainly affect your Minnesota drivers license, the same as if it had happened in Minnesota.
All the laws and rules for a second DWI in ten years in Minnesota would apply, including those for license revocation, "special" (whisky) plates, and "limited license" (work permit).