Minnesota Administrative Rules

7503.0800 REVOCATION PERIODS.

Subpart 1.

Statutory periods.

The commissioner shall revoke drivers' licenses or nonresident driving privileges for the minimum periods prescribed in current or former Minnesota Statutes, sections 169.121, 169.123, 169A.52, and 169A.54.

Subp. 2.

For criminal vehicular operation.

Upon receiving a record of conviction, the commissioner shall revoke the driver's license or driving privilege of a person convicted under:

A.

Minnesota Statutes, section 609.21, subdivision 1, clause (2), (3), (4), (5), or (6), or subdivision 3, clause (2), (3), (4), (5), or (6), for a period of ten years.

B.

Minnesota Statutes, section 609.21, subdivision 2, clause (2), (3), (4), (5), or (6), or subdivision 4, clause (2), (3), (4), (5), or (6), for a period of five years.

C.

Minnesota Statutes, section 609.21, subdivision 2a, clause (2), (3), (4), (5), or (6), for a period of three years.

D.

Minnesota Statutes, section 609.21, subdivision 2b, clause (2), (3), (4), (5), or (6), for a period of one year.

Subp. 3.

For aggravated violations.

Upon receiving a record of conviction of a person under former Minnesota Statutes, section 169.129, or under a statute of another state in conformity with it, the commissioner shall revoke the driver's license or driving privilege of that person for a period of 30 days, 90 days, or one year. The length of the revocation period depends on the number of previous convictions for violations of current or former Minnesota Statutes, section 169.129 or 171.24, or a statute of another state in conformity with either of them, on the person's driving record during the three-year period preceding the date of the latest conviction. The revocation period must be:

A.

30 days, if there are no previous convictions;

B.

90 days, if there is one previous conviction; or

C.

one year, if there are two or more previous convictions.

A revocation ordered for a conviction under former Minnesota Statutes, section 169.129, runs consecutively with any other revocation imposed as a consequence of the same incident upon which the revocation for conviction under former Minnesota Statutes, section 169.129, is based.

Subp. 4.

Out-of-state convictions.

The period of revocation for incidents occurring outside this state must be the period of revocation that would be imposed if the incident had occurred and the person were convicted in Minnesota.

Subp. 5.

For personal injury or fatality.

When the commissioner has sufficient cause to believe that a personal injury or fatality occurred in connection with an alcohol- or controlled-substance-related incident upon which a revocation under current or former Minnesota Statutes, section 169.121, subdivision 4, or 169A.54, is based, the period of revocation must be increased as follows:

A.

for a personal injury, the additional period of revocation must be 180 days;

B.

for a fatality, the additional period of revocation must be one year.

Subp. 6.

Revocation effective until reinstatement.

In all cases the driver's license or driving privilege remains revoked until the person satisfies all conditions of reinstatement and the commissioner issues a new license or notifies the person of reinstatement.

Subp. 7.

[Repealed, 35 SR 2019]

Statutory Authority:

MS s 14.06; 14.388; 169.128; 169.798; 169A.75; 171.165; 299A.01

History:

10 SR 1427; 15 SR 2406; 22 SR 1103; L 2000 c 478 art 2 s 7; 27 SR 707; 35 SR 2019

NOTE:

Subpart 2 is repealed effective July 1, 2014.

Published Electronically:

July 5, 2011