A Minnesota DWI Is Really Two Cases: The Criminal Case and Your Driver’s License

If you are arrested for DWI in Minnesota, it can feel like you have one legal problem to deal with. In reality, a DWI can put you into two separate legal proceedings at the same time.

One involves the criminal charge against you. The other involves your ability to drive.

These proceedings are related, and much of the same evidence may be important to both. But they have different procedures, different consequences and different deadlines. Understanding that distinction is one of the most important things to know after a Minnesota DWI arrest.

What Is the Criminal DWI Case?

The criminal case is the part most people expect.

The government may charge you with driving while impaired based on allegations involving alcohol, drugs or another intoxicating substance. Depending on the circumstances and your history, a Minnesota DWI can range from a misdemeanor to a gross misdemeanor or felony.

The criminal case can involve consequences including:

•  

  • Jail or prison

• • Fines

• • Probation

• • Chemical-use assessments or treatment requirements

• • Ignition interlock requirements

• • Vehicle forfeiture or license-plate issues in some cases

• • A criminal conviction on your record

This case proceeds through the criminal court system. The prosecution has the burden of proving the criminal charge.

But that is only one side of a Minnesota DWI.

What Happens to My Driver’s License After a DWI?

Minnesota law also provides for administrative driver’s-license consequences following certain chemical-test failures or refusals.

That process is separate from the question of whether you will ultimately be convicted of DWI.

In other words, you do not necessarily get to wait for the criminal case to end before dealing with your driver’s license.

A notice of revocation can trigger an administrative process involving the Minnesota Department of Public Safety. Depending on the circumstances, questions may include the length of the revocation, eligibility for driving privileges or ignition interlock, and whether there are grounds to challenge the revocation.

This is why simply looking at your next criminal court date does not tell you everything you need to know.

How Long Do I Have to Challenge a Minnesota DWI License Revocation?

This is where timing becomes particularly important.

Minnesota law provides a limited period to petition the district court for judicial review of a driver’s-license revocation. Missing that deadline can affect your ability to challenge the revocation even though the criminal DWI case is still pending.

That creates a situation that surprises many people: your criminal case may be moving slowly while the clock on your driver’s-license case is already running.

If you have received a notice of revocation following a DWI arrest, it is important to have the paperwork reviewed promptly rather than waiting for your first criminal court appearance.

Are the Two DWI Cases Completely Separate?

Legally, they are separate proceedings. Practically, they can be closely connected.

The same traffic stop, arrest, chemical testing and police investigation may provide evidence for both cases.

For example, a defense attorney may need to examine:

•  

  • Why the officer stopped the vehicle

• • What the officer observed before and after the stop

• • Body-camera and squad-camera recordings

• • Field sobriety testing

• • The basis for requesting a breath, blood or urine test

• • How chemical testing was performed

• • Whether constitutional and statutory requirements were followed

• • Whether the test result itself is reliable

An issue discovered while investigating the criminal case may also matter to the driver’s-license proceeding, and vice versa.

That is one reason it makes sense to approach a Minnesota DWI as a whole rather than treating the license problem as an afterthought.

Can I Lose My License Even If I Have Not Been Convicted of DWI?

Potentially, yes.

The administrative driver’s-license process does not necessarily wait for a criminal conviction. A revocation based on a qualifying test result or refusal can take effect through the administrative process while the criminal charge remains unresolved.

That distinction can be confusing. A person may understandably think, “How can they take my license if I haven’t been found guilty?”

The answer is that the license revocation and criminal prosecution arise under different legal procedures.

Whether the revocation can be challenged depends on the facts of the individual case.

What Happens If the Criminal DWI Charge Is Reduced or Dismissed?

A favorable result in the criminal case is obviously important, but you should not assume that it automatically resolves every driver’s-license issue.

The relationship between the two proceedings depends on what happened, what issues were litigated and the particular basis for the administrative action.

That is why both sides of the case need attention from the beginning.

Why Does the “Two Cases” Issue Matter to Your Defense?

Because DWI defense is not simply about what happens at the next court appearance.

The immediate questions may include:

• Can you drive?  Are you holding a valid Minnesota Drivers’ License?
• Is there a deadline to challenge your license revocation?
• What evidence did police collect?
• Was the traffic stop lawful?
• Was chemical testing properly requested and administered?What level of DWI has been charged?
• Are prior impaired-driving incidents being used to increase the severity of the charge?

A good defense strategy starts by understanding the entire situation.

Minnesota DWI Attorney John Lesch

A DWI arrest can disrupt your life quickly. Your ability to drive may affect your job, your family and your basic ability to get through the week, while a criminal case creates an entirely separate set of concerns.

Attorney John Lesch helps people understand both sides of a Minnesota DWI case and what needs to happen next.

The first step is not predicting the outcome. It is understanding the evidence, the deadlines and the options available to you.

Contact Lesch Law Firm to schedule a consultation about a Minnesota DWI charge.

Frequently Asked Questions About Minnesota DWI and Driver’s License Cases