Driving after a DUI in Minnesota: the Limited license

The first days: the administrative suspension and the hearing deadline

In most states the licensing agency suspends the license at arrest, separately from any court case, and the driver has a short window to request a hearing on that suspension. Missing it lets the suspension take effect without review.

On a refusal or a test of 0.08 or more, the officer serves immediate notice of intention to revoke and of revocation, invalidates the license card and issues a temporary license effective for only 14 days (Minn. Stat. § 169A.52, subd. 7); the notice must advise of the right to administrative and judicial review, and a mailed notice is deemed received three days after mailing. Two reviews exist: (1) administrative review by the commissioner, which may be requested in writing at any time during the revocation using DVS form 'Request for Administrative Review' (PS31122), with results reported within 15 days, and which does not affect the right to court review; (2) a petition for judicial review, which must be filed within 60 days following receipt of the notice and order of revocation with the district court administrator in the county where the offense occurred, with proof of service on th

“Within 60 days following receipt of a notice and order of revocation or disqualification pursuant to section 169A.52 (revocation of license for test failure or refusal), a person may petition the court for review.”

Who can get it, and how soon

DVS states a limited license may be issued for an implied consent or DWI conviction revocation that is a first offense on record (or a second with the first more than 10 years old) 'only if you tested 0.15 blood alcohol concentration or below, or you refused the test'; Minn. Stat. § 171.30, subd. 1 excludes revocations where the test result was twice the legal limit or more, bars class A, B or C limited licenses, and requires that the driver's livelihood or attendance at a substance use disorder program, a homemaker's family needs, or attendance at a postsecondary institution depend on the license. Only one limited license is allowed in a 24-month period. For an alcohol concentration of 0.16 or greater the DVS Guidelines list only the ignition interlock restricted license or no driving.

“Implied consent or driving while intoxicated (DWI) conviction - first offense on record or second on record with the first being more than 10 years old, only if you tested 0.15 blood alcohol concentration or below, or you refused the test”

Minn. Stat. § 171.30, subd. 2a(1): a limited license must not be issued for 15 days to a person whose license was revoked or suspended for a first violation of § 169A.20 (DWI), §§ 169A.50 to 169A.53 (implied consent test failure or refusal) or § 171.177. The DVS Ignition Interlock Program Guidelines list, for a first alcohol, drug or refusal offense with an alcohol concentration under 0.16 or a test refusal, three options: an ignition interlock restricted license with full class D privileges (no waiting period stated), a limited license 'After a 15 day waiting period of no driving', or no driving for the revocation period; at 0.16 or greater the options are the interlock restricted license or no driving. The administrative revocation for a first test failure is not less than 90 days (not less than one year at twice the legal limit or more) and for a first refusal not less than one year (

“a limited license must not be issued for a period of: (1) 15 days, to a person whose license or privilege has been revoked or suspended for a first violation of section 169A.20, sections 169A.50 to 169A.53, section 171.177”

Conditions attached to the privilege

DVS: meet all requirements before applying, then meet with a driver evaluator by appointment, bringing full name, date of birth and license number, the employer's name and workplace address with zip code, the days of the week worked, and the driving time from home to work and back. Minn. Stat. § 171.30, subd. 1(b)-(c): the driver's livelihood or attendance at a substance use disorder treatment or counseling program, a homemaker's family needs, or attendance at a postsecondary institution must depend on the license; the commissioner may impose conditions and limitations, may require reexamination, and may require the applicant to demonstrate that public transportation or carpooling would be a significant hardship; subd. 1(f): the commissioner considers prior convictions, the entire driving record and annual miles driven. No interlock is required for the limited license itself; the interlo

“Meet all your requirements before applying Meet with an evaluator. Appointments are required. Come prepared to provide: Your full name, date of birth and driver's license number The full name of your employer and your workplace address, including the zip code”

Where and when it allows driving

DVS: to and from work and as required for employment; to and from chemical dependency treatment or counseling; to and from a school, college or university at which the driver is enrolled. Minn. Stat. § 171.30, subd. 1(c) allows the commissioner to limit the license to particular vehicles, classes and times of operation and conditions of traffic; the license must clearly indicate the limitations and be carried while driving. The DVS Guidelines add that a limited license issued to an interlock participant withdrawn for an unrelated offense may be used only six days a week and no more than 60 hours.

“If you are issued a limited license, you are only allowed to drive: To/from work and as required for employment To/from chemical dependency treatment or counseling To/from a school, college or university at which you are enrolled”

How it is issued

The licensing agency issues the Limited license.

Official page: dps.mn.gov

The statute: Minn. Stat. § 171.30

“if the driver's livelihood or attendance at a substance use disorder treatment or counseling program depends upon the use of the driver's license”