Minnesota Statutes Transportation (Ch. 160-174A) § 169A.54. DWI convictions, adjudications; administrative penalties

(1) not less than 30 days for an offense undersection 169A.20, subdivision 1(driving while impaired crime);

(2) not less than 90 days for an offense undersection 169A.20, subdivision 2(refusal to submit to chemical test crime);

(3) not less than one year for:

(4) not less than two years for an offense occurring under clause (3), item (i) or (ii), and where the test results indicate an alcohol concentration of twice the legal limit or more, and until the court has certified that treatment or rehabilitation has been successfully completed where prescribed in accordance withsection 169A.70(chemical use assessments);

(5) not less than three years for an offense occurring within ten years of the first of two qualified prior impaired driving incidents or occurring after three qualified prior impaired driving incidents and with denial undersection 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner; and

(6) not less than four years for an offense occurring within ten years of the first of three qualified prior impaired driving incidents and with denial undersection 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner; or

(7) not less than six years for an offense occurring after four or more qualified prior impaired driving incidents and with denial undersection 171.04, subdivision 1, clause (10), until rehabilitation is established according to standards established by the commissioner.

Subd. 6. Applicability of implied consent revocation. (a) Any person whose license has been revoked pursuant tosection 169A.52(license revocation for test failure or refusal) or 171.177 (revocation; pursuant to a search warrant) as the result of the same incident, and who does not have a qualified prior impaired driving incident, is subject to the mandatory revocation provisions of subdivision 1, clause (1) or (2), in lieu of the mandatory revocation provisions ofsection 169A.52or171.177.

(b) Paragraph (a) does not apply to:

Subd. 7. Alcohol-related commercial vehicle driving violations. (a) The administrative penalties described in subdivision 1 do not apply to violations ofsection 169A.20, subdivision 1(driving while impaired crime), by a person operating a commercial motor vehicle unless the person's alcohol concentration as measured at the time, or within two hours of the time, of the operation was 0.08 or more or the person violatessection 169A.20, subdivision 1, clauses (1) to (4) or (7).

(b) The commissioner shall disqualify a person from operating a commercial motor vehicle as provided undersection 171.165(commercial driver's license, disqualification), on receipt of a record of conviction for a violation ofsection 169A.20.

(c) A person driving, operating, or in physical control of a commercial motor vehicle with any presence of alcohol is prohibited from operating a commercial motor vehicle for 24 hours from issuance of an out-of-service order.

Subd. 10. License revocation; court invalidation. (a) Except as provided in subdivision 7, on behalf of the commissioner, a court shall serve notice of revocation or cancellation on a person convicted of a violation ofsection 169A.20(driving while impaired) unless the commissioner has already revoked the person's driving privileges or served the person with a notice of revocation for a violation ofsection 169A.52(license revocation for test failure or refusal) or 171.177 (revocation; search warrant) arising out of the same incident.

(b) The court shall invalidate the driver's license or permit in such a way that no identifying information is destroyed.

Subd. 12. Off-road recreational vehicles and motorboats. (a) The provisions of this section for revoking a driver's license or nonresident operating privilege also apply to the operating privilege for an off-road recreational vehicle and a motorboat.

(b) Upon conviction, the commissioner must notify a person that the person is prohibited from operating off-road recreational vehicles and motorboats for the same period that the person's driver's license or operating privilege is revoked or canceled under this section.