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Yes Ignition Interlock


Offenses Triggering Ignition Interlock

 

Any driver whose license is revoked for:

 

     (1) a DWI with a BAC of 0.16 or more;

 

     (2) any DWI with one prior DWI conviction or license revocation within 10 years; or

 

     (3) any DWI with two or more prior DWI convictions or license revocations in a lifetime

 

is subject to the ignition interlock device and whiskey plate laws.  

 

Below is a list of offenses and the typical license consequences. Please be aware that this is a general summary and does not address all scenarios or issues.


Drivers who are revoked for one or two years (as outlined below) do not have to participate in ignition interlock if they elect to not drive for the entire period of revocation.


Drivers who are Canceled IPS due to at least three DWI incidents in 10 years or four DWI incidents in a lifetime must complete "rehabilitation" and three years of ignition interlock in order to regain driving privileges in Minnesota. They also will receive a B-Card restriction on their license, prohibiting any use of alcohol in order to keep their driving privileges.


If you are subject to ignition interlock, you should consult with a DWI lawyer to see if you can avoid ignition interlock and plate impoundment or shorten the period of time you are subject to these restrictions.

 

1.  Fourth Degree DWI with BAC of 0.16 to 0.19

 

For an incident occurring before August 1, 2015, a driver charged with Fourth Degree DWI will be subject to the ignition interlock laws if his alcohol concentration is 0.16 to 0.19 - even if he never had a prior DWI conviction or DWI license revocation. His license will be revoked for one year, and he may only drive during the one-year period if he participates in the Ignition Interlock Program. He also will be subject to whiskey plates on any vehicle he owns or co-owns during the one-year period. Notably, there are no restrictions on driving other than the use of the ignition interlock device and whiskey plates during the one-year period. A driver aged 18 to 20 faces the same restrictions. 

 

2.  Fourth Degree DWI with 2 Prior DWIs and BAC of 0.08 to 0.15

 

A driver charged with Fourth Degree DWI but who has two prior DWI convictions or license revocations in his lifetime is subject to the ignition interlock mandate even if his alcohol concentration is 0.08 to 0.15. However, he will not be subject to whiskey plates. His license will be revoked for one year. If he wishes to drive sooner, he must agree to participate in the Ignition Interlock Program.

 

3.  Fourth Degree DWI with 2 Prior DWIs and BAC of 0.16 or More

 

For an incident occurring before August 1, 2015, a driver charged with Fourth Degree DWI who has two prior DWI offenses in his lifetime and an alcohol concentration of 0.16 or more is subject to ignition interlock for two years and whiskey plates for one year.

 

4.  Third Degree DWI Based Upon BAC of 0.16 or More

 

A driver charged with Third Degree DWI due to an alcohol concentration of 0.16 or more will be treated the same as a driver described in Section 1. His license will be revoked for one year and his plates will be impounded for one year. He may only drive during the one-year period if he participate in the Ignition Interlock Program and obtains whiskey plates. If the driver has two prior DWIs in his lifetime, he will be subject to two years of ignition interlock and one year of whiskey plates. Such a driver receives the same consequences as the driver in Section 3 due to the the two prior offenses in a lifetime.

 

5.  Third Degree DWI with 1 Prior DWI in 10 Years and BAC of 0.08 to 0.15

 

A driver charged with Third Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.08 to 0.15 faces ignition interlock and whiskey plates for one year.

 

6.  Third Degree DWI with 1 Prior DWI in 10 Years and BAC of 0.16 to 0.19 

 

For an incident occurring before August 1, 2015, a driver charged with Third Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.16 to 0.19 faces ignition interlock for two years and whiskey plates for one year.

 

7.  Second Degree DWI with 1 Prior DWI in 10 Years and BAC of 0.16 or More

 

A driver charged with Second Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.16 faces ignition interlock for two years and whiskey plates for one year.

 

8.  Second Degree Test Refusal with 1 Prior DWI in 10 Years

 

A driver charged with Second Degree Test Refusal who has one prior DWI within 10 years faces ignition interlock for two years and whiskey plates for one year.

 

9.  Second Degree DWI or Test Refusal with 2 Prior DWIs in 10 Years

 

A driver charged with a third DWI within 10 years face license cancellation as "inimical to public safety" (IPS) and must complete driver "rehabilitation," which involves completing a chemical dependency assessment, treatment (if recommended), and abstaining from the use of alcohol permanently. He will be issued a restricted license called a "B-Card," which prohibits the use of alcohol or controlled substances. The driver is subject to license cancellation for three years. If the driver is enrolled in the programming recommended by his chemical dependency assessment, he can begin driving with an ignition interlock device, whiskey plates, and a limited license for the first year. If he completes the recommended programming and has no problems with the ignition interlock device during the first year, he then can drive for the remaining two years with full privileges subject to ignition interlock. Thus, the limited license is removed after one year. A driver must complete the ignition interlock program successfully as a condition of regaining driving privileges pursuant to the B-Card restrictions. The driver will be subject to whiskey plates for at least one year. 

 

10.  Driver Charged with a Fourth DWI/Test Refusal/DWI License Revocation in a Lifetime

 

The consequences to this driver are the same as outlined in the previous section (Section 9).


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