One’s driver’s license is canceled as inimical to public safety after a third DWI offense within 10 years, a DWI offense within 10 years of special review, or four or more alcohol offenses in a lifetime. So, if this happens, what needs to be done to reinstate driving privileges after being canceled as inimical to public safety? Ignition interlock is required and the following steps must be taken, in accordance with Minnesota Administrative Rule 7503.1725.
- Complete a chemical use assessment and enroll in a recommended treatment program. The treatment provider and/or assessor must submit enrollment verification documents directly to Driver and Vehicle Services (DVS) at the Minnesota Department of Public Safety.
- Pass the DWI written knowledge test, which covers chapters seven and eight of the Minnesota Driver’s Manual.
- Pay a reinstatement fee of $680.00.
- Apply for a new driver’s license and pay the application fee.
- Sign the ignition interlock participation agreement, found here.
- Provide proof of insurance for the vehicle to be equipped with ignition interlock directly from the insurance company (not the agent) to DVS.
- Sign a “last use” statement form, found here.
- Complete and submit a limited license application to DVS, found here.
- Install ignition interlock, using one of the six certified vendors.
- Apply for special registration license plates after obtaining the ignition interlock limited license.
Remember, in order to get on the ignition interlock program, the driver must not be subject to any other withdrawals on his or her record. A conviction for Driving After Cancellation—Inimical to Public Safety will result in a suspension of driving privileges by DVS. For a first offense within five years, the suspension is 30 days. For a second offense within five years, it’s 90 days. For a third offense within five years, it’s 180 days, and for a fourth offense within five years, it’s 365 days. So, a conviction for the DAC—IPS charge will delay reinstatement of driving privileges for 30, 90, 180, or 365 days depending upon the number of driving after withdrawals (of any type) on a driving record within the last five years.
Ignition interlock is required for different periods of time, before full driving privileges can be reinstated, depending on the number of offenses one has on record. For a third offense within 10 years, a DWI offense within 10 years of special review, or a fourth on record, three years of ignition interlock with no detected alcohol or drug use is required. For a fourth offense within 10 years, it is four years of ignition interlock with no alcohol or drug use. For a fifth or subsequent offense, it is six years of ignition interlock with no alcohol or drug use. For all these scenarios, the first year on ignition interlock is a limited license. Once reinstated, the driver will have a “B card,” which is a driver’s license with a strict no alcohol or drug restriction. Any use of alcohol or drugs, even without driving, can result in a loss of driving privileges, and any use while driving can also result in criminal charges.
If you have been canceled inimical to public safety or are facing any of these charges, call an attorney at Brandt Kettwick Defense today at 763-421-6366. We offer free consultations and can answer any questions you might have.