The judge can give me back my drivers license, right?
Wrong. Many people believe that the Judge overseeing your DUI or DWI trial has the authority to take or give you back your drivers license. This is false. In Minnesota, in order to get your drivers license back or to ensure that no charges will appear on your record, you are required to file a separate civil lawsuit, called a Petition For Judicial Review or an Implied Consent Petition. This lawsuit must be filed within 30 days of your arrest (not your conviction), so it is very important to start proceedings as quickly as possible.
What if I REALLY need my license?
The fact you really need your license is not a factor the Judge can consider. Neither the Judge nor the Department of Public Safety, Motor Vehicle Division, can take this into account.
But what if I REALLY, REALLY need my license to work, and to take care of my family’s needs?
Unfortunately, in Minnesota, the law does not allow for any exceptions that would enable you to get your drivers license back. DWI / DUI laws seem to be written based on areas such as Minneapolis/St. Paul, which have reliable and extensive public transportation systems. Unfortunately, what it really comes down to if you live in St. James, Mankato, St. Peter, Fairmont or Jackson is that you simply can not use alternative transportation such as taking the bus, light-rail, or even a taxi, and unfortunately that is not factored into the Judges decision of giving you a work permit or your drivers license back.
If you lost your drivers license and do not have access to alternative public transportation, you need to explore other ways of going about your life. Here are a few suggestions that will allow you to get around even though you cannot drive:
- Ask Friends, Relatives, Co-workers or neighbors to car pool.
- Hire a friend or college student to drive you to and from work.
- Wherever possible, ask the grocery store to deliver your groceries.
- If possible, consider riding a bicycle to work.
Of course, you need to consider whether your current wages are worth the money you might spend on various services, like a hired driver. Your best option remains to hire a skilled DWI or DUI attorney who might be able to get you your drivers license back. The lawyers at the Law Office of Rosengren Kohlmeyer often succeed in reclaiming their clients; licenses within weeks, and even sometimes within a few short days. If you have lost your license and need to get it back quickly, call us today for a free consultation.
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