Can mn dps still cancel my dr lic. if i refused to take a breath test even though i wasnt driving, i was ips at the time

Asked over 4 years ago - Hutchinson, MN

I was deemed ips, have b card, i was a passenger with a friend when she was stopped by police, the police asked me to take a breath test and i refused so they reported me to the mn dps, is that even legal

Attorney answers (3)

  1. Ethan Patrick Meaney

    Pro

    Contributor Level 20

    Answered . Unfortunately yes. Even though you refused testing and were not driving, the police probably told the DPS that they believed you were drinking (i.e., smell of alcohol, blood shot/watery eyes, slurred speech, balance problems, etc.). When you have a B Card you don't have to be driving to face further license penalties. When the DPS reinstated your privileges and placed you on a B - Card, you agreed to not use alcohol period! If you violate this promise, the DPS can and will take away your driving privileges and make you jump through hoops to get them back. You can, however, petition the court for reinstatement of your driving privileges and you might be able to argue that the officer did not have any basis to believe you had consumed alcohol- depending on the facts of your case. You should contact an experienced MN DWI attorney though as there are strict time limitations in making this challenge.

  2. Thomas C Gallagher

    Contributor Level 17

    Answered . Yes, it is. The reason is the law, as well as the procedures employed by Minnesota Department of Public Safety when issuing "B-Card" no-alcohol restricted drivers licenses. These are conditioned upon "no use" of alcohol, even when not driving. Hearsay claims of a person with such a license consuming alcohol have been held by the courts enough for MN DPS to cancel IPS again. These are tough cases, but once in a while they can be one if you consult a DWI lawyer right away for help (before it is too late.)

  3. Maury Devereau Beaulier

    Contributor Level 19

    Answered . Your license may be cancelled as inimical to public safety if there is probable cause to believe you consumed alcohol - for any reason - if you have a restricted licnse that precludes use of alcohol. This is called a B card. After two or more DWI offenses, you would be asked to sign a document indicating your understanding of the limitations related to your license. You may challenge a cancellation of your license related to alcohol use. by seeking a judicial review. To prevail, you must demonstrate that there is not a prepondeance of evidence supporting the conclusion that you used alcohol.

    For a consultation call 612.240.8005 or visit dwicounsel.com

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