Offenses Triggering Ignition Interlock
Any driver whose license is revoked for:
(1) a DWI with a BAC of 0.16 or more;
(2) any DWI with one prior DWI conviction or license revocation within 10 years; or
(3) any DWI with two or more prior DWI convictions or license revocations in a lifetime
is subject to the ignition interlock device and whiskey plate laws.
Below is a list of offenses and the typical license consequences. Please be aware that this is a general summary and does not address all scenarios or issues.
Drivers who are revoked for one or two years (as outlined below) do not have to participate in ignition interlock if they elect to not drive for the entire period of revocation.
Drivers who are Canceled IPS due to at least three DWI incidents in 10 years or four DWI incidents in a lifetime must complete “rehabilitation” and three years of ignition interlock in order to regain driving privileges in Minnesota. They also will receive a B-Card restriction on their license, prohibiting any use of alcohol in order to keep their driving privileges.
If you are subject to ignition interlock, you should consult with a DWI lawyer to see if you can avoid ignition interlock and plate impoundment or shorten the period of time you are subject to these restrictions.
1. Fourth Degree DWI with 2 Prior DWIs and BAC of 0.08 to 0.15
- Ignition Interlock for 1 Year
A driver charged with Fourth Degree DWI but who has two prior DWI convictions or license revocations in his lifetime is subject to the ignition interlock mandate even if his alcohol concentration is 0.08 to 0.15. However, he will not be subject to whiskey plates. His license will be revoked for one year, and he must participate in the Ignition Interlock Program for one year to regain unrestricted driving privileges.
2. Third Degree DWI Based Upon BAC of 0.16 or More
- Ignition Interlock and Whiskey Plates for 1 Year
A driver charged with Third Degree DWI due to an alcohol concentration of 0.16 or more will be treated the same as a driver described in Section 1. His license will be revoked for one year and his plates will be impounded for one year. He may only drive during the one-year period if he participate in the Ignition Interlock Program. If he participates in the Ignition Interlock Program, he can pay $100 per vehicle to avoid having whiskey plates during the one-year period. If the driver has two prior DWIs in his lifetime, he will be subject to two years of mandatory ignition interlock and one year of whiskey plates. Such a driver receives the same consequences as the driver in Section 3 due to the the two prior offenses in a lifetime.
3. Third Degree DWI with 1 Prior DWI in 10 Years
- Ignition Interlock and Whiskey Plates for 1 Year
A driver charged with Third Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.08 to 0.15 faces mandatory ignition interlock for one year. His license plates are impounded for one year, but he can avoid whiskey plates by entering the Ignition Interlock Program and paying $100 per vehicle to avoid having whiskey plates.
4. Second Degree DWI with 1 Prior DWI in 10 Years and BAC of 0.16 or More
- Ignition Interlock for 2 Years and Whiskey Plates for 1 Year
A driver charged with Second Degree DWI who has one prior DWI within 10 years and an alcohol concentration of 0.16 faces mandatory ignition interlock for two years. His plates are impounded for one year, but he can avoid whiskey plates by entering the Ignition Interlock Program and paying $100 per vehicle to avoid having whiskey plates.
5. Second Degree Test Refusal with 1 Prior DWI in 10 Years
- Ignition Interlock for 2 Years and Whiskey Plates for 1 Year
A driver charged with Second Degree Test Refusal who has one prior DWI within 10 years faces mandatory ignition interlock for two years. His license plates are impounded for one year, but he can avoid whiskey plates by entering the Ignition Interlock Program and paying $100 per vehicle to avoid having whiskey plates.
6. Second Degree DWI or Test Refusal with 2 Prior DWIs in 10 Years
- License Canceled IPS, Rehabilitation, Ignition Interlock for 3 Years and subject to Whiskey Plates
A driver charged with a third DWI within 10 years face license cancellation as “inimical to public safety” (IPS) and must complete driver “rehabilitation,” which involves completing a chemical dependency assessment, treatment (if recommended), and abstaining from the use of alcohol permanently. He will be issued a restricted license called a “B-Card,” which prohibits the use of alcohol or controlled substances. The driver is subject to license cancellation, and he must complete three years of ignition interlock successfully to regain his unrestricted driving privileges. If the driver is enrolled in the programming recommended by his chemical dependency assessment, he can obtain approval from the DMV to drive pursuant to ignition interlock. His license plates are impounded, but he can avoid whiskey plates by entering the Ignition Interlock Program and paying $100 per vehicle to avoid whiskey plates.
7. Driver Charged with a Fourth DWI/Test Refusal/DWI License Revocation in a Lifetime
- License Canceled IPS, Rehabilitation, Ignition Interlock for 3 Years, and subject to Whiskey Plates
The consequences to this driver are the same as outlined in the previous section (Section 6).
