LEGAL GUIDE
Written by attorney Maury Devereau Beaulier | Mar 18, 2013

Cancelled as Inimical to Public Safety - License Reinstatement

When is a person cancelled as Inimical to Public Safety?

If a person has been arrested for a third DWI offense within a 10–year period, or if the person ahs more than four or more alcohol offenses on record, they will have their license cancelled by the Department of Public Safety as inimical to public safety. They must contest the cancellation of their license within 30 days of the offense by filing a Petition for Judicial Review. At a judicial review, many of the same defense that apply to a DWI would be raised. If the driver prevails in the challenge, their license is immediately reinstated. If they do not prevail, or if they do not seek to challenge the cancellation within the necessary time period, they will be required to follow the rules established by the Department of Public Safety for reinstatement.

What are the Requirements to have the license reinstated?

The driver must follow the following steps in order to get their license back:

  1. Complete treatment as required by Minnesota Rule 7503.1700. This means enrolling in a treatment program as recommended by a chemical use evaluation. The treatment provider or assessor must submit the reenrollment documents directly or the Drive and Vehicle Services office. For treatment, a discharge summary showing successful completion of chemical dependency treatment is required. It is important to note that the program must be at least 48 hours long, abstinence based and state approved. The treatment must be completed after the last consumption of any drink or product containing alcohol or controlled substances.
  2. Pass a DWI knowledge test; pay a $680 reinstatement fee; apply for a new driver’s license and pay the application fee.
  3. Sign a last use (of alcohol statement).
  4. Provide evidence of weekly attendance in a generally recognized, ongoing abstinence-based support group, such as AA, for a minimum of three months immediately prior to reinstatement.
  5. Demonstrate abstinence. The person must submit support statements from at least five (5) people who have had weekly contact with the person during the required abstinence period. The letter writers must agree to notify the Minnesota Department of Public Safety in writing if the person, they are supporting, consumes any drink or product containing alcohol or controlled substances after the abstinence date they certified.
  6. Interview. The person must have an interview with a Driver Improvement Specialist. At the interview, the person must complete a statement that outlines the conditions under which the person’s driving privileges will be issued.

How long must a person wait before they can seek to reinstate their license?

For a first rehabilitation, a person must abstain from the consumption of any drink or product containing alcohol or controlled substances, at all times, even when not operating or in physical control of a motor vehicle for no less than one year.

For a second rehabilitation, a person must abstain from the consumption of any drink or product containing alcohol or controlled substances, at all times, even when not operating or in physical control of a motor vehicle for no less than three years.

For a third or subsequent rehabilitation (4th offense or more), a person must abstain from the consumption of any drink or product containing alcohol or controlled substances, at all times, even when not operating or in physical control of a motor vehicle for no less than six years.

If the person has an additional alcohol or controlled substance violation during the period of abstinence, the cancellation period is extended by one year. Additionally, if the person does not complete treatment/aftercare successfully, or misrepresents the facts that related to treatment, the cancellation period is extended by one year and treatment must again occur as indicated in Minnesota Rule 7503.1700.

What is a Rehabilitation?

It refers to each time a person reinstates their license after a second offense, which generally requires, among other things, that the person:

- successfully compete chemical dendency 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.

Can the time period for reinstatement of a driver’s license be shortened?

Yes. A driver may agree to have an alcohol interlock installed on their vehicle which allows them to have a license at an early date. As part of the Ignition Interlock program, the driver must do the following:

  1. Sign an Ignition Interlock participation agreement after showing enrollment in a treatment program.
  2. Obtain an insurance certificate from their insurance company for the vehicle or vehicles that will be equipped with the ignition interlock device;
  3. Complete a limited license application.
  4. Install an ignition Interlock.
  5. Apply for special registration plates (“whiskey plates") after installing the ignition interlock device.

How long must a person use the alcohol interlock system?

The periods of time a person is required to use the interlock system depends on the number of offenses. For a third offense within a ten year period or a fourth offense on record, the minimum cancellation period is three years. For a fourth or subsequent offense within ten years or a subsequent offense in a lifetime, the minimum cancellation period is four to six years.

Any failed tests will require the person to start the process over with a limited license, complete another chemical health assessment and comply with the requirements of the assessment.

Additional resources provided by the author

Our lawyers have been distinguished as aggressive trial lawyers in Minnesota and Wisconsin. Our criminal defense lawyers have successfully defended hundreds of individuals accused of DWI and other serious crimes including defense of "white collar" crime, sex offenses and drug charges. Call us at 612.240.8005. Fighting a criminal case can be very complicated. Did you know that many cases are dismissed on technicalities? An attorney must have knowledge of the court system and know the different personalities of Judges and Prosecutors.

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