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If you do not apply to have b-card restrictions removed are they still in effect.

Minneapolis, MN |

Been over 15 yrs since a alcohol related incident.Are b-card restricitsions still in effect?

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Attorney answers 3

Posted

Yes, they are still in effect until you apply to have them removed.

If you have "not been documented" has having alcohol or drugs in the last ten years, the department of public safety will remove the restriction. But only if you make "proper application".

If you believe you qualify to have your restriction removed, you can contact the Minnesota Department of Public Safety to get an application.

Asker

Posted

How extensive is the background check? I had a domestic incident where I was a victim, but I had consumed wine as well. I don't know if that is in a police report or not. Is DPS only looking for "charges" or "convictions" as documentation? Since I received a B license in 99, and this incident occurred in 2006, technically wouldn't I be alerting DPS to a B license violation and setting myself up for suspension?

Asker

Posted

But that is my question: "not been documented". What documents? What if in a police report back in2006, it mentions I had been drinking? Do they look at police reports? I don't even know if the police reports contains that information.

Posted

Yes. It will remain until your application for its removal is granted. https://dps.mn.gov/divisions/dvs/forms-documents/Documents/DL-RestrictionRemoval.pdf

Asker

Posted

I know it will remain until an application. My question is: How in-depth is the DPS investigation for "no documented use of alcohol" . Do they look at police reports where the police may or may not have documented that I was drinking during an incident in 2006. (The B license was given to me in 1999)

Thomas C Gallagher

Thomas C Gallagher

Posted

Sometimes police officers, or others, take it upon themselves to send an allegation of use into DPS. If that happened, then DPS will have them. But if that happened, it is probable that would would have acted to cancel and deny IPS again.

Posted

Unfortunately, yes, you must take affirmative steps to get the B-card restriction off your license. Time alone does not heal all wounds.

Nothing herein shall constitute legal advice, nor has an attorney-client relationship been formed. www.KellerLawOffices.com

Asker

Posted

Yes, I understand I need to take the steps. My question is: How deep does the investigation go? If me drinking was stated in a police incident report, WILL THAT SHOW UP when the DPS investigates me for removal of the B restriction?

Max Allen Keller

Max Allen Keller

Posted

Yes it will show up and then they will not remove the restriction, that is my bet.

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