A Minnesota DWI arrest triggers both criminal and civil license suspension processes. Learn why your license is suspended before conviction and how to regain driving privileges.

I Haven’t Even Been Convicted Of A DWI But My Driver’s License Is Already
Suspended, Why? And When Can I Drive Again?

Driving while intoxicated, drunk, or impaired (“DWI”) crimes are among the most common crimes in Minnesota. They can also become some of the most nuanced and complex. This is because the criminal statutes governing DWIs—Minnesota Statutes Chapter 169A—contain 54 pages of laws applicable only to DWIs. In contrast, the first-degree murder statute barely reaches page 2. DWIs are treated differently.

This article considers only alcohol-related DWIs. Marijuana or controlled substance DWIs have multiple differences and should be considered separately.

Many people do not know that two legal processes are triggered by an arrest for DWI: (1) the criminal charging process; and (2) the civil driver’s license sanction process. While there is often some overlap in the issues, the processes are quite different in several material ways. Most relevant here, the burden of proof is different.

In criminal cases, you are presumed innocent, and the State must prove your guilt beyond all reasonable doubts. This burden is high. If there is any doubt about what happened, and that doubt is reasonable, a person is not guilty.

But the civil driver’s license sanction process is different. There, the State only needs to prove there was “probable cause” you committed a DWI, and only by a “preponderance of the evidence”, which is a far, far lower burden. Put differently, if the Court believes there is even a fair chance you committed a DWI, then your license will be suspended. This is why you can lose your license before your criminal DWI begins. This is also why you can get your criminal DWI case dismissed and still lose your license. The evidence required for the State to suspend your license is much lower than that required to convict you of a crime. All it takes is an arrest.

How long your license will be suspended depends on the severity and circumstances of the DWI. Circumstances that may result in longer suspensions include prior DWIs within the last ten years, a breath alcohol content greater than 0.16, or having a child in the vehicle. These are called “aggravating factors.”

License sanctions could last anywhere from 30 days to 10 years, depending on the case.

Tracking all the different criminal procedures, hearings, civil forms, and fines can quickly become confusing and overwhelming. An experienced Minnesota DWI lawyer can help you navigate the process, papers, and procedures in both the criminal and the civil driver’s license process.

Have questions? Contact Ryan McKinney at (612) 300-1208 or ryan@mckinneydefense.com

If you or someone you know has been accused of DWI or have had your drivers license in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let us me fight for your rights and help you take the first step toward fair representation.

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^{The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in Minnesota or your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.}