Legal Question in Traffic Law in Minnesota

Re: Dl after a dui

By statute the DPS is authorized to administratively establish standards for rehabilitation, and the periods of rehabilitation must not be less than one year for a person's third offense, and not less than two years for the person's fourth or more impaired driving violation.

Under current DPS rules, the period of rehabilitation has been tiered from one to six years according to whether or not the violator has successfully completed rehabilitation previously. The tiered system is as follows:

* one year for the first rehabilitation;

* three years for the second rehabilitation;

* six years for the person's third or subsequent rehabilitation.

According to the DPS rules, rehabilitation requires, among other things, that the person:

* successfully compete chemical dependency treatment in a program that requires compete abstinence from alcohol and controlled substances;

* actively participate in a recognized chemical dependency group such as AA;

* completely abstain from alcohol and controlled substances (any police report or other record that indicates alcohol use would start the time period over)

* obtain sworn affidavits from those who have known the person for the required rehabilitation period who will attest that the person has abstained from alcohol. The affidavits must be from witnesses who are not relatives, employees or employers of the person.

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