In Minnesota a person with an alcohol concentration of 0.08 or higher (0.04 if the person is driving a commercial vehicle), who is in control of a moving or parked vehicle, can be arrested for driving while impaired (DWI). If a law enforcement officer can prove that alcohol caused the driver to commit driving errors, he or she can be arrested for DWI at an alcohol concentration level a low as 0.04.
Penalties associated with an alcohol-related revocation of a driver’s license include a $680 reinstatement fee and completion of a DWI knowledge test, driver’s license application, and a chemical assessment. Each offense has unique criminal penalties in addition to administrative sanctions, depending on the arrest situation, previous driving violations, and criminal record.
Section 171.12 of the Minnesota Statutes deals directly and specifically with the MN driving records.
In Subdivision 2 of this statute it states that the Department of Public Safety shall file all accident reports and abstracts of court records of convictions and violations received by it under the laws of this state and maintain convenient records.
It goes on to say that the records must show the convictions of such licensee and the traffic accidents in which the licensee has been involved in. These records shall be readily ascertainable and available for the consideration of the department upon any application for renewal of license and the revocation, suspension, or limitation of licenses.
Subdivision 2a is titled alcohol concentration on driving record. Here it states that when a person's driver's license or permit to drive is revoked or suspended pursuant to section 169A.52, or when a person is convicted for violating section 169A.20, 169A.31, 169A.33, 360.0752, or 609.21, and a test of the person's breath, urine, or blood has been made to determine the person's alcohol concentration, the commissioner of public safety shall record the test results on the person's driving record pertaining to that violation. The alcohol concentration is classified as public data on individuals, as defined in section 13.02, subdivision 15, and must be kept for the period of time specified in subdivision 3, clause (2).
Subdivision 3 states that the DPS may cause applications for drivers' licenses, provisional licenses, and instruction permits, and related records, to be destroyed immediately after the period for which issued, except that: (1) the driver's record pertaining to revocations, suspensions, cancellations, disqualifications, convictions, and accidents is cumulative and must be kept for a period of at least five years; (2) the driver's record pertaining to violations of a driver or vehicle out-of-service order must be kept for a period of at least ten years; and (3) the driver's record pertaining to felony convictions in the commission of which a motor vehicle was used, to the alcohol-related offenses and licensing actions listed in section 169A.03, subdivisions 20 and 21 , to violations of section 169.09, to violations of section 169A.31, and to violations of section 171.24, subdivision 5, must be retained permanently.
From this information it would appear that a DWI would stay on your driving record for at least 10 years but could possibly stay indefinitely if it was a serious alcohol related offense. The MN DPS should be able to give you information on your specific driving record if you have been convicted of a DWI in the past and want to know how long it will stay on your record.
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