When a license has been cancelled as inimical to public safety, that person must demonstrate that they have complete chemical dependency treatment and any aftercare before a license reinstatement may occur.  The process for reinstatement is determined by rules set out by the Minnesota  Department of Public Safety (DPS).  A license is cancelled as inimical to public safety after a person's third or subsequent impaired driving incident within ten years.

Rehabilitation is also required for a person whose license has been cancelled for a violation of the no alcohol provision of a restricted driver's license - a B-Card.

By statute the DPS is authorized to administratively establish standards for rehabilitation, and the periods of rehabilitation must not be less than one year for a person's third offense, and not less than two years for the person's fourth or more impaired driving violation.

Under current DPS rules, the period of rehabilitation has been tiered from one to six years according to whether or not the violator has successfully completed rehabilitation previously. The tiered system is as follows:

• one year for the first rehabilitation;
• three years for the second rehabilitation;
• six years for the person's third or subsequent rehabilitation.

According to the DPS rules, rehabilitation requires, among other things, that the person:

• successfully compete chemical dependency 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.

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.

To review just a sampling of our success stories CLICK HERE

How to Fight Your Traffic Ticket and Win

Winning in Traffic Court : I Fight MY...

An Educated Guide to Speeding Tickets :...