As a former prosecutor in the Dakota County Attorney’s Office, James Blumberg has experience on both sides of the criminal courtroom. He knows how to fight to get charges reduced or dismissed for clients in the Twin Cities area.Read More
License Revocation Hearing
Twin Cities Area License Revocation Hearing Lawyer
In Minnesota, if a person is arrested for drunk driving, he or she likely will be asked to submit to a chemical test. If the driver refuses to submit to the test or fails the test, his or her license could be suspended for a certain amount of time.
There are ways to fight for your driving privileges. A skilled attorney can help you through the license revocation hearing and work with you to challenge the suspension. Driving is an important part of daily life, and the results of the hearing could be crucial.
Apple Valley License Revocation Hearing Attorney
If your license has been revoked after a DWI arrest, it is important you act quickly to keep your driving privileges. Apple Valley license revocation lawyer James Blumberg will assist his clients through criminal and administrative processes, no matter how challenging the situation may appear.
James is a former prosecutor who understands how both the administrative and criminal penalties can affect a person accused of a criminal offense. As a DWI defense attorney, he knows what it takes to get favorable outcomes in the civil and criminal aspects of a drunk driving charge.
James Blumberg Law represents serves clients throughout Dakota County, including Apple Valley, Burnsville, Eagan, Hastings, Inver Grove Heights, Lakeville, Mendota Heights and Rosemount. James also works with clients in the Twin Cities region, including Hennepin County, Ramsey County and Anoka County. Call (952) 431-7758 to schedule a free case evaluation today.
Information About License Revocation Hearings
- Driving Privileges after a DWI Arrest
- Petitioning for a Review of a License Suspension
- Process of Hearing for a Driver's License
If a person facing DWI charges refuses to take a chemical test or fails a breath test, his or her license will be suspended. The arresting officer will begin the process immediately after the arrest and issue the driver a Notice of Revocation.
If the driver had a valid license at the time of the alleged offense, this document also will act as a seven-day temporary driver’s license. This license would allow the driver to travel as if it were a normal license. It expires on the seventh day, not including the issue date, and he or she will not be able to legally operate a vehicle. This is when the revocation period officially would begin.
If a blood or urine sample is provided, rather than a breath sample, the process is slightly different. Rather than beginning the process immediately, the driver's license will remain valid while the results of the test are being analyzed. Once the results are available, if the driver failed the test, he or she will receive the Notice of Revocation.
After the revocation has been initiated, drivers will have 30 days from the date of the notice to petition the court for a review, according to Minnesota Statute 169A.53. This review could be beneficial in helping drivers get back on the road after the arrest. If a person does not request the hearing, he or she waives the right to a hearing.
The petition for the review must be filed with the district court administrator in the county where the alleged offense occurred. It also must include proof of service of a copy on the commissioner, and the person must pay the standard filing fee for civil actions.
The petition must include the full name of the person making the petition as the petitioner and the commissioner as respondent of the document. It also must include the driver's date of birth, driver's license number and date of the alleged offense. The document also must state the grounds upon which the petitioner seeks rescission of the revocation.
Prehearing discovery is mandatory and is limited to:
- The notice of revocation
- The test record or certificate of analysis
- The officer's certificate and any accompanying documents the officer submitted
- Disclosure of potential witnesses, including experts, and the basis of their testimony
If a judicial review is granted, it must be held before a district judge in any county in the judicial district in which the alleged offense occurred. It must be held at the earliest practicable date and no later than 60 days following the filing of the petition for review.
The hearing may be conducted at the same time and in the same manner as hearings upon pretrial motions in the criminal prosecution, according to Minnesota Statute 169A.53. Additionally, the hearing should be recorded.
According to the Minnesota Statute 169A.53 Subdivision 3, the scope of the hearing is limited to the following issues:
- Did the officer have probable cause to believe the person was driving, operating or in physical control of a motor vehicle while impaired?
- Was the person lawfully placed under arrest?
- Was the person involved in a motor vehicle accident resulting in property damage, injury or death?
- Did the person refuse to take a preliminary screening test?
- If the screening test was administered, did he or she fail?
- At the time of the request for the test, did the officer inform the person of his or her rights and explain the consequences of refusing the test?
- Did the person refuse to submit to the chemical test?
- If the test was taken by a person driving, operating or in control of a vehicle, did the results indicate he or she had an alcohol concentration of 0.08 or more or had the presence of a Schedule I or II drug other than marijuana?
- If the test was taken by a person driving, operating or in control of a commercial vehicle, did the results indicate his or her alcohol concentration was greater than 0.04?
- Was the testing method valid and reliable?
According to state law, it is an affirmative defense for the petitioner to prove that at the time of the refusal his or her decision to not take the test was based upon reasonable grounds.
The court likely will file its order within 14 days after the hearing. If the revocation is upheld, the court also will forward the petitioner's driver's license to the commissioner for further action. If you receive a favorable verdict, your license will be returned and the revocation will be rescinded.
James Blumberg Law - A DWI Civil Hearing Lawyer in Dakota County
When your license is revoked after a DWI arrest, you may think your options are limited. Dakota County license revocation hearing lawyer James Blumberg can help you regain your ability to legally get behind the wheel. Call (952) 431-7758 to schedule a free consultation and learn more about how to handle your administrative license hearing.