169A.53 ADMINISTRATIVE AND JUDICIAL REVIEW OF LICENSE REVOCATION.
Subdivision 1. Administrative review.
(a) At any time during a period of revocation
imposed under section
(revocation of license for test failure or refusal) or a period of
disqualification imposed under section
(commercial driver's license disqualification),
a person may request in writing a review of the order of revocation or disqualification by
the commissioner, unless the person is entitled to review under section
disqualification). Upon receiving a request the commissioner or the commissioner's designee
shall review the order, the evidence upon which the order was based, and any other material
information brought to the attention of the commissioner, and determine whether sufficient cause
exists to sustain the order. Within 15 days of receiving the request the commissioner shall report
in writing the results of the review. The review provided in this subdivision is not subject to the
contested case provisions of the Administrative Procedure Act in sections
(b) The availability of administrative review for an order of revocation or disqualification
has no effect upon the availability of judicial review under this section.
(c) Review under this subdivision must take place, if possible, at the same time as any
administrative review of the person's impoundment order under section
169A.60, subdivision 9
Subd. 2. Petition for judicial review.
(a) Within 30 days following receipt of a notice and
order of revocation or disqualification pursuant to section
(revocation of license for test
failure or refusal), a person may petition the court for review. The petition must be filed with the
district court administrator in the county where the alleged offense occurred, together with proof
of service of a copy on the commissioner, and accompanied by the standard filing fee for civil
actions. Responsive pleading is not required of the commissioner, and court fees must not be
charged for the appearance of the commissioner in the matter.
(b) The petition must:
(1) be captioned in the full name of the person making the petition as petitioner and the
commissioner as respondent;
(2) include the petitioner's date of birth, driver's license number, and date of the offense; and
(3) state with specificity the grounds upon which the petitioner seeks rescission of the order
of revocation, disqualification, or denial.
(c) The filing of the petition does not stay the revocation, disqualification, or denial. The
reviewing court may order a stay of the balance of the revocation or disqualification if the
hearing has not been conducted within 60 days after filing of the petition upon terms the court
(d) Judicial reviews must be conducted according to the Rules of Civil Procedure, except
that prehearing discovery is mandatory and is limited to:
(1) the notice of revocation;
(2) the test record or, in the case of blood or urine tests, the certificate of analysis;
(3) the peace officer's certificate and any accompanying documentation submitted by the
arresting officer to the commissioner; and
(4) disclosure of potential witnesses, including experts, and the basis of their testimony.
Other types of discovery are available only upon order of the court.
Subd. 3. Judicial hearing; issues, order, appeal.
(a) A judicial review hearing under this
section must be before a district judge in any county in the judicial district where the alleged
offense occurred. The hearing is to the court and may be conducted at the same time and in the
same manner as hearings upon pretrial motions in the criminal prosecution under section
(driving while impaired), if any. The hearing must be recorded. The commissioner shall appear
and be represented by the attorney general or through the prosecuting authority for the jurisdiction
involved. The hearing must be held at the earliest practicable date, and in any event no later than
60 days following the filing of the petition for review. The judicial district administrator shall
establish procedures to ensure efficient compliance with this subdivision. To accomplish this,
the administrator may, whenever possible, consolidate and transfer review hearings among the
locations within the judicial district where terms of district court are held.
(b) The scope of the hearing is limited to the issues in clauses (1) to (10):
(1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
(driving while impaired)?
(2) Was the person lawfully placed under arrest for violation of section
(3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?
(4) Did the person refuse to take a screening test provided for by section
(preliminary screening test)?
(5) If the screening test was administered, did the test indicate an alcohol concentration of
0.08 or more?
(6) At the time of the request for the test, did the peace officer inform the person of the
person's rights and the consequences of taking or refusing the test as required by section
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:
(i) an alcohol concentration of 0.08 or more; or
(ii) the presence of a controlled substance listed in schedule I or II or its metabolite, other
than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or in physical control of a commercial
motor vehicle, did the test results indicate an alcohol concentration of 0.04 or more at the time
(10) Was the testing method used valid and reliable and were the test results accurately
(c) It is an affirmative defense for the petitioner to prove that, at the time of the refusal, the
petitioner's refusal to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.
(e) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within 14
days following the hearing. If the revocation or disqualification is sustained, the court shall also
forward the person's driver's license or permit to the commissioner for further action by the
commissioner if the license or permit is not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing court may appeal the decision as
provided in the Rules of Appellate Procedure.
(g) The civil hearing under this section shall not give rise to an estoppel on any issues arising
from the same set of circumstances in any criminal prosecution.
History: 2000 c 478 art 1 s 33; 2002 c 314 s 1; 1Sp2003 c 2 art 9 s 13; 2004 c 283 s 8;
2005 c 136 art 18 s 4; 2006 c 260 art 2 s 12