A DWI arrest in Minnesota triggers two separate processes that can both affect your driving privileges. Understanding how each one works can help you act quickly and protect your rights.
Your license is revoked immediately
Under Minnesota Statute § 169A.52, failing or refusing a chemical test triggers immediate license revocation. The arresting officer takes your physical license and issues a temporary permit valid for seven days.
This action is administrative, not criminal. It happens before any court appearance or conviction.
How long the revocation lasts
The length of your revocation depends on your BAC and your prior record. Minnesota extended its lookback period to 20 years in August 2025, so older offenses now count against you longer. Here are the standard revocation periods:
- First offense (.08–.15 BAC): 90 days, which may reduce to 30 days with a guilty plea.
- First offense (.16 or higher or test refusal): At least one year.
- Second offense within 20 years: At least one to two years.
- Third offense or more: License cancelled for three to six or more years.
A cancellation differs from a revocation. You must complete a substance use disorder program before your revocation period even begins.
You can challenge the revocation
You have 60 days from the notice of revocation to file a Petition for Judicial Review under Minn. Stat. § 169A.53. This civil action is separate from your criminal case. Missing this deadline means you lose the right to challenge the revocation even if you win the criminal charge.
The hearing focuses on whether the officer had probable cause and whether proper procedures were followed.
Options to keep driving
You do not have to stop driving entirely during a revocation. Two options may apply to your situation:
- Limited license: Permits driving to work, school or medical appointments after a waiting period.
- Ignition interlock program: Lets you drive for all purposes after installing a breathalyzer device in your vehicle.
A limited license requires you to show a qualifying need. The ignition interlock program has broader access but requires passing breath tests each time you start your vehicle.
Speak with an attorney about your next steps
License revocation and criminal DWI charges run on separate tracks. Winning one does not automatically resolve the other. An attorney can help you understand your options for fighting your DWI charges and challenging the administrative revocation before the 60-day window closes.