Minnesota's DWI Laws: Drivers Who Are Subject to Ignition Interlock and Whiskey Plates (Part 3 of 3)

Posted over 3 years ago. Applies to Minnesota, 1 helpful vote

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1

Fourth Degree DWI with BAC of 0.16 to 0.19 - IID and Whiskey Plates for 1 Year

A driver charged with Fourth Degree DWI will be subject to the ignition interlock laws if his alcohol concentration is 0.16 to 0.19 - even if he never had a prior DWI conviction or DWI license revocation. His license will be revoked for one year, and he may only drive during the one-year period if he participates in the Ignition Interlock Program. He also will be subject to whiskey plates on any vehicle he owns or co-owns during the one-year period. Notably, there are no restrictions on driving other than the use of the ignition interlock device and whiskey plates during the one-year period. A driver aged 18 to 20 faces the same restrictions.

2

Fourth Degree DWI with 2 Prior DWIs in Lifetime and BAC of 0.08 to 0.15 - IID for 1 Year

A driver charged with Fourth Degree DWI but who has two prior DWI offenses in his lifetime is subject to the ignition interlock mandate even if his alcohol concentration is 0.08 to 0.15. However, he will not be subject to whiskey plates. His license will be revoked for one year. If he wishes to drive sooner, he must agree to participate in the Ignition Interlock Program.

3

Fourth Degree DWI with 2 Prior DWIs in Lifetime and BAC of 0.16 or More - IID and Whiskey Plates for 2 Years

A driver charged with Fourth Degree DWI who has two prior DWI offenses in his lifetime and an alcohol concentration of 0.16 or more is subject to the ignition interlock and whiskey plate mandates for two years.

4

Third Degree DWI Based Upon BAC of 0.20 or More - IID and Whiskey Plates for 1 Year

A driver charged with Third Degree DWI due to an alcohol concentration of 0.20 or more will be treated the same as a driver described in Section 1. His license will be revoked for one year and his plates will be impounded for one year. He may only drive during the one-year period if he participate in the Ignition Interlock Program and obtains whiskey plates. If the driver has two prior DWIs in his lifetime, he will be subject to two years of revocation and may drive only with an IID and whiskey plates. Such a driver receives the same consequences as the driver in Section 3 due to the the two prior offenses in a lifetime.

5

Third Degree DWI with 1 Prior DWI in 10 Years and BAC of 0.08 to 0.15 - IID and Whiskey Plates for 1 Year

A driver charged with Third Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.08 to 0.15 faces license revocation and whiskey plates for one year.

6

Third Degree DWI with 1 Prior DWI in 10 Years and BAC of 0.16 to 0.19 - IID and Whiskey Plates for 2 Years

A driver charged with Third Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.16 to 0.19 faces license revocation and whiskey plates for two years.

7

Second Degree DWI with 1 Prior DWI in 10 Years and BAC of 0.20 or More - IID and Whiskey Plates for 2 Years

A driver charged with Second Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.20 faces license revocation and whiskey plates for two years.

8

Second Degree Test Refusal with 1 Prior DWI in 10 Years - IID and Whiskey Plates for 2 Years

A driver charged with Second Degree Test Refusal who has one prior DWI within 10 years faces license revocation and whiskey plates for two years.

9

Second Degree DWI or Test Refusal with 2 Prior DWIs in 10 Years - License Canceled IPS, Rehabilitation, and IID and Whiskey Plates for 3 Years

Drivers charged with a third DWI within 10 years face license cancellation as "inimical to public safety" (IPS) and must complete a "rehabilitation" program that includes a minimum of 48 hours of out-patient treatment. In order to drive again, the driver must abstain permanently from the use of alcohol. He will be issued a restricted license called a "B-Card," which prohibits the use of alcohol or controlled substances. The driver is subject to license cancellation for three years. If the driver is enrolled in a treatment program, he can begin driving with an ignition interlock device, whiskey plates, and a limited license for the first year. If he completes treatment and has no problems with the ignition interlock device during the first year, he then can drive for the remaining two years with full privileges subject to an IID and whiskey plates. Thus, the limited license is removed after one year.

10

Driver Charged with a Fourth DWI/Test Refusal in a Lifetime - License Canceled IPS, Rehabilitation, and IID and Whiskey Plates for 3 Years

The consequences to this driver are the same as outlined in the previous section (Section 9).

Additional Resources

Carey Law Firm, LLC

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