Implied Consent and the 60-Day Deadline
The Criminal Case is Only Half the Battle.
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Rochester MN License Revocation Lawyer: Protect Your Driving Privileges
Because the clock starts ticking the moment you are arrested, understanding the timeline laid out in our Rochester DWI guide is the most important step in protecting your rights before your first court date.
The good news is that in Olmsted County, if an Implied Consent is filed, your attorney can make the request to have your license reinstated.
Statutory Appeal Window
Your 60 Days Are Ticking
An arrest is usually over in a few hours, but the impact on your daily life starts immediately. In Minnesota, the most devastating consequence of a DWI isn’t just the threat of jail time; it is the immediate loss of your driver’s license.
For most people in Rochester and surrounding Olmsted County, losing the ability to drive means losing the ability to work, take the kids to school, or simply manage daily life. What many drivers do not realize is that their license is typically revoked before they even have their first criminal court date. The criminal case is only half the battle. You are simultaneously fighting a civil war against the Minnesota Department of Public Safety (DPS) to keep your driving privileges.
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The Implied Consent Law: Why Your License is Already Gone
Minnesota operates under what is known as the “Implied Consent” law. This law states that by simply driving on Minnesota roads, you have automatically “implied” your consent to a chemical test (breath, blood, or urine) if a police officer has probable cause to believe you are driving while impaired.
When you are arrested in Rochester and brought to the Olmsted County Jail, the officer will read you the Implied Consent Advisory. If you take the test and blow a 0.08 or higher, or if you refuse the test entirely, the officer will immediately confiscate your physical driver’s license. In its place, you are handed a Notice and Order of Revocation. This piece of paper serves as a temporary 7-day driving permit. Once those 7 days are up, your driving privileges are officially revoked.
The 60-Day Deadline
You only have 60 days from the date of your notice to challenge your license revocation. If you miss this deadline, you lose your license even if you win in criminal court. Do not wait.
Ignition Interlock
You do not have to lose your job. The Ignition Interlock Program allows you to regain full driving privileges during your revocation period. We guide you through the paperwork.
Whiskey Plates
In addition to losing your ability to drive, certain aggravating factors can trigger mandatory plate impoundment and Whiskey Plates for any vehicle you own.
Filing the IC petition is the first and most crucial step we take for our clients. It requires the state to prove that it had the legal right to initially seize your license.
How Long Will I Lose My License in Minnesota?
The length of your license revocation depends on several specific factors: whether this is your first offense, your Blood Alcohol Concentration (BAC) at the time of the arrest, and whether you submitted to or refused the chemical test.
First-Time DWI Offenses:
BAC Under 0.16: Typically results in a 90-day revocation. However, if you plead guilty to the criminal charge, this can often be reduced to 30 days.
BAC of 0.16 or Higher: This is considered an aggravating factor. Your license will be revoked for a minimum of 1 year. To drive during this year, you will be required to enroll in the Ignition Interlock Program.
Test Refusal: If you refuse the breath, blood, or urine test, your license is automatically revoked for 1 year, even if it is your very first offense.
Second, Third, and Fourth DWI Offenses:
Second Offense (within 10 years): 1 to 2 years of revocation, depending on your BAC and whether a refusal was involved. Ignition Interlock is mandatory to keep driving.
Third Offense (within 10 years): 3 years of revocation. Your license will be canceled as “inimical to public safety,” meaning the state considers you a danger to the roads. You must complete a rigorous rehabilitation process and use Ignition Interlock to ever regain full privileges.
Fourth or More (Felony DWI): 4 to 6 years of revocation, canceled as inimical to public safety, with strict interlock and rehabilitation requirements.
How to Keep Driving: Work Permits and the Ignition Interlock Program
Losing your license doesn’t necessarily mean you are completely grounded. The State of Minnesota offers pathways to keep you driving legally, provided you take the correct steps quickly.
Limited Licenses (Work Permits)
For a standard first-time DWI (under 0.16 BAC), you may qualify for a Limited License, commonly known as a work permit. After a mandatory 15-day “hard revocation” period (where you cannot drive at all), you can apply for a permit that allows you to drive for specific necessities:
Commuting to and from work
Attending secondary or post-secondary school
Attending court-ordered chemical dependency treatment
Providing for the medical needs of your family
The Minnesota Ignition Interlock Program
If you blew 0.16 or higher, refused the test, or have a prior DWI on your record, you will not qualify for a standard work permit. Your only option to drive legally is the Ignition Interlock Program.
This involves installing a breathalyzer device in your vehicle. You must provide a clean breath sample to start the car, and submit to “rolling re-tests” while driving. While the program can be expensive and invasive, it grants you full driving privileges—meaning you can drive whenever and wherever you need to, without the 60-hour restriction of a work permit. Our attorneys routinely help Rochester clients navigate the complex DPS paperwork to get enrolled in Interlock as smoothly as possible.
The Threat of "Whiskey Plates" (Plate Impoundment)
If your DWI involves an “aggravating factor”—such as a BAC over 0.16, having a child in the car, or having a prior DWI within the last 10 years—the state will not only take your driver’s license, but they will also impound your vehicle’s license plates.
You will be forced to apply for special registration plates, commonly referred to as “Whiskey Plates” (because they start with the letter W). These plates must be displayed on every vehicle registered in your name, loudly broadcasting your DWI status to the public and law enforcement. We aggressively challenge plate impoundment orders, and, in some cases involving innocent co-owners (such as a spouse), we can fight to keep standard plates on family vehicles.
What Happens If I Drive While Revoked?
It is incredibly tempting to risk a quick trip to the grocery store or to work while your license is revoked. Do not make this mistake.
Driving After Revocation (DAR) or Driving After Cancellation (DAC) is a separate criminal offense in Minnesota. If you are caught driving during your DWI revocation period, you face:
A New Criminal Charge
Additonal Jail Time
A massive extension of your current license revocation
Forfeiture of the vehicle you are driving, even if you don't own it.
A severe negative impact on your pending DWI case
Violation of conditions of release to remain out of jail
Special Circumstances: CDL Holders and Underage Drivers
The consequences of license revocation are heavily amplified for certain populations in Rochester.
Commercial Drivers (CDL Holders): If you possess a CDL, a DWI arrest is a career-threatening event. Even if you get a DWI in your personal, non-commercial vehicle on a weekend, your commercial driving privileges will be disqualified for a minimum of one year. A second offense results in a lifetime CDL ban. Standard work permits do not apply to commercial vehicles.
Underage Drivers: Minnesota strictly enforces the “Not a Drop” law. If you are under 21 years old and are caught driving with any amount of alcohol in your system, your license will be suspended for 30 to 180 days, jeopardizing your ability to commute to college or a part-time job.
Out-of-State Drivers: Will My Home State Find Out?
Because of the Mayo Clinic and local businesses, Rochester sees thousands of out-of-state drivers every year. If you live in Wisconsin, Iowa, or any other state and get a DWI in Rochester, Minnesota cannot physically take your home-state driver’s license. They can only revoke your privilege to drive within the borders of Minnesota.
However, Minnesota is part of the Driver License Compact. The MN DPS will report your DWI arrest and revocation to your home state’s DMV. Your home state will then likely initiate its own revocation proceedings against your license based on their specific local laws. You need a defense team that understands how to manage the fallout across state lines.
How We Fight Your Revocation at the Implied Consent Hearing
Filing the Implied Consent Petition within 60 days grants you a hearing before a judge. This is where we attack the state’s case. Our Rochester DWI defense lawyers meticulously review police reports, dashcam footage, and testing logs to find constitutional violations and procedural errors. We challenge revocations on multiple fronts, including:
Lack of Probable Cause: Did the Olmsted County Sheriff or Rochester Police officer have a valid, legal reason to pull your vehicle over in the first place? If the stop was illegal, all evidence gathered afterward—including the failed breath test—can be thrown out.
Right to Counsel Violations: In Minnesota, you have a limited right to consult with an attorney before deciding whether to take the breath test at the station. If the officer rushed you, denied you access to a phone, or eavesdropped on your legal consultation, the revocation can be rescinded.
Testing Inaccuracies: The Datamaster DMT (the breathalyzer machine used in MN police stations) must be strictly calibrated and maintained. We subpoena the maintenance records of the specific machine used in your case. If the machine was faulty or the officer administered the test incorrectly, the results are invalid.
Medical Defenses: Conditions like GERD (acid reflux), specialized diets, or certain occupational exposures can cause false-positive breath test results. We bring in scientific experts to challenge the validity of the chemical test.
A Strategy Tailored to Your Charge.
We don’t use a “One Size Fits All” defense.
Protecting Your Career & Reputation.
Clients risk more than just fines.
Medical Professionals:
A DWI can trigger Board of Nursing investigations and DHS background study issues. We handle the criminal case and the professional fallout discreetly.
Commercial Drivers (CDL):
A 0.04 limit and a 1-year disqualification can end your career. We fight to save your CDL and your livelihood.
Let Us Help Answer Your DWI Questions
Why You Need a Local Olmsted County DWI Attorney
Challenging a license revocation is a highly technical process. It requires more than just a general understanding of Minnesota law; it requires local knowledge. You need a defense team that knows how the Olmsted County Attorney’s Office operates, understands the preferences of local judges, and is intimately familiar with the procedures of the Rochester police force.
At Kohlmeyer Hagen, we have built a reputation on aggressive, strategic DWI defense. We don’t just shepherd you through a guilty plea; we look for every possible angle to save your license, protect your record, and keep your life on track.
Contact Kohlmeyer Hagen Today: Protect Your Future
Do not let a license revocation derail your career and your family’s stability. Remember, you only have 60 days to take action, and the 15-day waiting period for a work permit starts immediately.
Contact our Rochester, MN office today for a free, confidential case evaluation. We will review your Notice and Order of Revocation, clearly explain your options, and immediately begin building a strategy to protect your driving privileges.
