Chemical dependency rehabilitation is statutorily required following a person’s third or subsequent impaired driving incident within ten years. Either a conviction or an administrative loss of license, or both, constitutes an impaired driving incident.
Rehabilitation is also required—by DPS administrative rule, but not by statute—of a person whose license has been cancelled for violating the no alcohol provision of a restricted driver’s license—a B-Card (which can be obtained only upon successful completion of a prior rehabilitation).
By statute, DPS is authorized to administratively establish the standards for rehabilitation, and the periods of rehabilitation must be not less than one year for the person’s third, and not less than two years for the person’s fourth or more impaired driving violation.
Under DPS rules, however, the period of rehabilitation is tiered from one to six years, according to whether the violator has successfully completed rehabilitation previously:
- one year for the first rehabilitation
- three years for the second
- six years for the person’s third or subsequent rehabilitation
According to DPS rules, rehabilitation requires, among other things, that the person:
- successfully complete chemical dependency treatment in a program that requires complete abstinence from alcohol and controlled substances;
- actively participate in a recognized chemical dependency support group;
- completely abstain from alcohol and controlled substances; and
- obtain sworn affidavits vouching to that effect from at least five other familiar witnesses (who are not relatives, an employer or employees of the person).
CREDIT: The content of this post has been copied or adopted from An Overview of Minnesota’s DWI Laws, originally published by the Minnesota House of Representatives Research Department and written by legislative analysts Jim Cleary and Rebecca Pirius.
This is also part of a series of posts on Minnesota’s DWI Laws.