Chemical Rehabilitation after a Minnesota DWI Conviction
Anyone arrested for a Minnesota DWI violation, regardless of the level of his conviction, must undergo a chemical use assessment. The assessment will be conducted by the violator's own county, at a cost of $130, payable by the person accused of the DWI violation. The results of the chemical use assessment are given to the prosecutor prior to sentencing and are used to determine the conditions of an individual's punishment. If the individual in question has been arrested for a repeat offense or had a blood alcohol level of .2 or higher the courts may mandate that he undergo the recommended treatment.
Rehabilitation after License Cancellation
While chemical dependency treatment is recommended for anyone who is in violation of a Minnesota DWI statue, anyone who has had three or more DWI incidents in a 10 year period is required by state law to undergo treatment.
The state of Minnesota does, on occasion, issue B-cards, or restricted driver's licenses, to individuals who have had past DWI violations. Individuals with B-cards have promised, in writing, to never consume alcohol again - even in church or in cold medications. Anyone who is found to have violated the terms of his B-card can also be required to undergo alcohol rehabilitation.
Mandatory Treatment and Abstinence Times
The DPS, or department of public safety, has the right to enforce specific rehabilitation periods before allowing an individual to have a new B-card or restricted drivers license. Anyone undergoing alcohol rehabilitation for the first time must be alcohol free for at least one year before he is given a restricted license. Second attempts at rehabilitation must involve three years without alcohol before they will be considered and those attempting rehabilitation for the third time must be clean for at least six years before they will be considered.
Proving Rehabilitation under Minnesota DWI Law
Anyone who has been required to undergo rehabilitation, for any reason, must follow certain procedures in order to prove that he has been rehabilitated. The DWI violator must enroll in a chemical dependency treatment program and must actively participate in support groups. He or she must also abstain from any form of alcohol or substance abuse and at the end of the rehabilitation period must present at least five sworn statements attesting to the fact that he has been alcohol free for the specified period of time. In order to avoid manipulation, the statements may not come from family members, employers, or employees.
Hiring a Minnesota DWI attorney immediately upon your arrest is essential to the outcome of your case. If you are wrongfully convicted you may be forced to undergo rehabilitation that you would not have otherwise needed or required. Only your attorney can help you interpret Minnesota DWI law.
