Every driving record in Minnesota is maintained by the Department of Public Safety (DPS). These records store information about licensing and driving violations throughout the state, and it also tracks out-of-state infractions. The DPS can revoke or cancel a person’s driver’s license after a series of recurring traffic violations or a single serious offense. Upon license withdrawal, drivers are mailed a written notice as well as a list of requirements that must be met before the license can be reinstated.
Driving after cancellation (DAC) or driving after revocation (DAR) are two of the most common traffic infractions charged to drivers in the state of Minnesota. The charges prefer to those who have had their driving privileges canceled or revoked as outlined in their DPS notices, yet they ignore the mandate by proceeding to operate a motor vehicle during the time that their license has been withdrawn. A DAC charge is more serious than a DAR charge due to the fact that licenses are often canceled after a driver has been convicted of violations related to alcohol or drug impairment.
Driving After Cancellation in Minnesota Charge
A DAC charge can either be a misdemeanor or a gross misdemeanor depending on the cause. If a misdemeanor, the maximum penalty is 90 days in jail and/or a $1,000 fine. A gross misdemeanor DAC charge carries up to a year in prison and a fine of $3,000 for each account. This is typically the case when the license is canceled due to the threat to public safety from multiple charges of DWI. Drivers who are convicted of driving after cancellation or plead guilty to doing so automatically lose their driving privileges for a minimum of 30 days.
Possible reasons for cancellation include:
- Onset of physical or mental disability preventing a driver from operating a motor vehicle safely
- Inability to pass a test required by DPS to determine safe driving ability
- Providing misleading or false information on a license application
- Failure to qualify for a driver’s license as outlined under Minnesota law
- Committing a crime in which the legal punishment includes license cancellation
Driving After Revocation in Minnesota Charge
Driving after revocation is charged as a misdemeanor, so the maximum penalty is identical to driving after cancellation – 90 days in jail and/or a $1,000 fine. A guilty plea or DAR conviction also means a loss of driving privileges for at least 30 days.
Potential causes for license revocation include:
- Refusal to submit an intoxication test
- Conviction of manslaughter or other criminal actions committed while driving
- Conviction of driving while intoxicated or impaired by alcohol or drugs
- Felony conviction that involves the use of a motor vehicle
- Speeding infraction where the driver was traveling faster than 100 mph
- Conviction of fleeing a police officer
- Conviction of failing to stop or offer aid after being involved in an accident
- Conviction of lying under oath to the Department of Public Safety
- Conviction of signing legal documents offering false vehicle ownership information
- Pleading guilty or forfeiting bail for three traffic violations requiring jail within a year’s time
- Out-of-state conviction that leads to license revocation in Minnesota
- Misdemeanor conviction of owning or driving a vehicle without no-fault insurance
- Gross misdemeanor conviction for failing to stop for a school bus when its lights are flashing and sign extended
- Conviction of possessing or selling a controlled substance while driving
After the revocation period is finished, the offender’s license will be reinstated if certain requirements are met. This may include passing certain tests, paying reinstatement fees, applying for a new license, and offering proper ID when taking the road or knowledge test.
If your license has been revoked or canceled and you’re looking for an attorney to represent you in court, please contact us to set up an appointment.