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How can I challenge the revocation of my license?

Upon arrest, the Department of Public Safety immediately suspends your driver’s license and places upon your driving record the notation, “License Suspended, 7-day temporary issued”.

When the 7-day temporary driver’s license expires, the Department places upon your driving record the notation, “License Revoked Over.08” or “License Revoked, Refusal to Submit to Testing”. These notations will remain on your driving record unless you challenge the revocation. Click here to determine your eligibility for a limited license or “work permit’.

You have the right to challenge the revocation of your driver’s license in District Court by petitioning for judicial review. You have 60 days from the date of your arrest to challenge the revocation. If you do not file the challenge in District Court within 60 days, it is barred and the notations become a permanent part of your driving record.

In Davis v. Commissioner of Public Safety, I challenged the pre-hearing revocation procedure and the case went all the way to the Minnesota Supreme Court.  I argued that the Supreme Court had previously said that a “driver’s license” was a property right. And since you cannot take away a person’s property without first giving them a hearing, I argued that the DWI statute violates due process.  The Minnesota Supreme Court said that they “were troubled” by the statute but they declined to declare it unconstitutional as long as the district courts give a DWI arrestee a “speedy hearing” (i.e. within 60 days) on the license revocation.

The upshot of the Davis is that some district courts have too many cases to give people a speedy hearing.  Instead, they will immediately reinstate your license if a proper application has been made!

I urge anyone arrested for drunk driving to immediately seek the advice of experienced legal counsel. There are a number of statutory and constitutional grounds upon which the revocation of your license can be successfully challenged.

Contact Minneapolis DWI Lawyer F. T. Sessoms:

For answers to all of your Minnesota DWI and DUI questions, please call Minneapolis DWI Lawyer F. T. Sessoms at (612) 344-1505 today.