Legal Question in DUI Law in Minnesota

Re: What will happen to Driving Privilege in ND - DWI/IC in MN

In Minnesota, a person whose drivers license is administratively revoked based upon an alleged violation of the "implied consent" DWI law must challenge that revocation in court within 30 days. If person fails to challenge it in court within 30 days, the person will never be able to get a court hearing on it and it will become permanent regardless of the outcome in the criminal DWI case, based upon numerous appellate cases where the issue was raised (filing after the 30 day deadline).

If he was given the Notice of Revocation by a police officer on July 4, 2006, then it would appear that August 3, 2006 would be the last day to serve and file a Petition for Judicial Review with the court. If he does (his lawyer does) then he can have a court hearing on it, and perhaps get the revocation "rescinded" or undone. Obviously time is of the essence, since tomorrow appears to be the last day to get all this done!

As for the effect on his North Dakota drivers license, you can check with a North Dakota lawyer and-or the North Dakota State drivers license agency for details. My understanding, however, is that North Dakota is a member of the "Interstate Compact on Drivers Licenses" just like Minnesota, and will revoke his North Dakota license as a result.

The way to fight it is in Minnesota, before it is too late. You are welcome to call me to discuss, if you wish.

Re: What will happen to Driving Privilege in ND - DWI/IC in MN

Update: I just noticed your question states: "They sent a piece of paper that stated his ..." Presumably the "they" you are talking about is the Minnesota Department of Public Safety? If the Notice of Revocation was mailed (not handed to ) your son, then you would have 30 days from the date of the notice, plus a specified number of days for mailing. If that is the case, then the deadline would not be August 3, 2006, but would still be coming up soon. It is best to act as soon as possible, by getting a good criminal, DWI defense lawyer to help. Call me if you would like to discuss the possibility of me helping (though I am in Minneapolis).

Re: What will happen to Driving Privledges in ND

Everything Mr. Gallagher said is true. I would add the following:

North Dakota probably won't find out about this until your son is convicted of something here in Minnesota. Once he is convicted, I would expect the clerk of court here to notify the driver's license folks in ND.

SO one possible way to try and deal with this here in MN would be to try and get it changed to a non-alcohol-related offense, such as careless. Then the license to drive in ND would not be suspended because of an alcohol related offense. This idea could be pursued even if the time limit Mr. Gallagher speaks of expires without you having taken any legal action.

Your son still would have his Minnesota right to drive suspended for 90 days and would still need to pay a reinstatement fee of $680 to get his right to drive in this state back. But he would be good to go in ND.

Whether this can be done is of course in substantial doubt, but he would be more likely to get a favorable result if he at least had a lawyer. My contact info can be found at http://www.mn-dwi.com.