How to Keep Your License After a DUI in Minnesota

Minnesota suspends your license automatically after a DUI arrest, but you can request a hearing to challenge the suspension before it takes effect

When you are arrested for DUI in Minnesota, the arresting officer takes your physical driver's license and issues a notice of suspension. This suspension is separate from any criminal case — it happens through the Department of Public Safety, not the court. The suspension begins either seven days after arrest (if you refuse a breath or blood test) or 30 days after arrest (if you take the test and fail). You do not have to accept this suspension. You have the right to request an administrative hearing to contest it, and requesting that hearing stops the suspension clock while the hearing is pending.

The key to keeping your license is acting within 30 days of arrest. If you request a hearing before that important date, you can continue driving while the Department of Public Safety reviews whether the officer had legal grounds to arrest you and whether the test result (or refusal) was valid. This window is your only chance to challenge the suspension itself — missing it means the suspension takes effect automatically, though you may still be able to drive on a limited work permit afterward.

Key Takeaways

You must request a hearing within 30 days of your arrest to stop the suspension from taking effect; this important date is firm and cannot be extended.
The hearing is held by the Department of Public Safety, not a criminal court, and focuses only on whether the officer had legal grounds to arrest you and whether you refused or failed a test.
If you win the hearing, your license suspension is cancelled; if you lose, the suspension begins when ready after the hearing ends.
If you do not request a hearing or lose it, you can still drive with a work permit (limited license) for employment, school, or medical appointments in most cases.
A criminal conviction for DUI triggers a separate, longer suspension that begins after any administrative suspension ends.

The 30-day window to request a hearing

The notice of suspension you receive at arrest includes a form to request a hearing. You must submit this form or send a written request to the Department of Public Safety within 30 days of your arrest date. The date on the notice is what counts — not the date you received it or understood it. If you miss this important date, you lose the right to a hearing and the suspension takes effect automatically.

You can request the hearing by mail, email, or in person at the Department of Public Safety office. Include your name, driver's license number, the date of arrest, and a statement that you want a hearing. Some people hire a DUI attorney to file this request, which ensures it is submitted correctly and on time. If you cannot afford an attorney, you can file the request yourself — the form is straightforward and the Department of Public Safety will confirm receipt.

What happens at the administrative hearing

The hearing is held by a Department of Public Safety hearing officer, not a judge or jury. The officer who arrested you may testify, and you have the right to question them. You can also present your own evidence and witnesses. The hearing focuses on three narrow questions: whether the officer had reasonable grounds to believe you were driving under the influence, whether you were lawfully arrested, and whether you refused the test or took it and the result was above the legal limit.

The hearing officer does not decide whether you are guilty of DUI — that is the criminal court's job. The hearing is only about whether the Department of Public Safety can suspend your license based on the facts of the arrest. If the officer cannot prove these three things, the suspension is cancelled. If the officer proves them, the suspension takes effect when ready after the hearing ends, even if your criminal case is still pending.

Winning the hearing: what it means for your license

If the hearing officer finds that the officer lacked reasonable grounds to arrest you, or that the arrest was unlawful, your license suspension is cancelled. You keep your license and can drive normally. This outcome does not affect your criminal case — the prosecutor can still pursue DUI charges in court. However, evidence that led to the suspension being cancelled may help your criminal defense.

If you win on the grounds that the test result was invalid or the test was not properly administered, the suspension is also cancelled. This can happen if the officer did not follow the correct procedures for breath or blood testing, or if the equipment was not properly maintained or calibrated. Winning the hearing means you avoid the administrative suspension entirely, though you may still face criminal charges and a separate suspension if convicted.

Losing the hearing: your options for limited driving

If the hearing officer finds that the officer had grounds to arrest you and that you refused the test or failed it, the suspension takes effect. In Minnesota, a first-time DUI suspension lasts 90 days if you took a test and failed, or one year if you refused the test. However, you can request a work permit (also called a limited license) that allows you to drive for specific purposes: employment, school, medical appointments, or court-ordered programs like DUI education.

To get a work permit, you must explore to the Department of Public Safety after the suspension takes effect. You will need to show proof of employment, school enrollment, or medical need. The work permit is not automatic — the Department of Public Safety reviews your request and decides whether to grant it. If granted, it typically allows you to drive during certain hours and only for the stated purpose. You must carry the work permit with you while driving.

Criminal conviction and a second suspension

If you are convicted of DUI in criminal court, the court imposes a separate license suspension. This suspension is longer than the administrative suspension and begins after the administrative suspension ends (or after your hearing, if you lost). A first DUI conviction in Minnesota results in a one-year license suspension. A second DUI within ten years results in a two-year suspension. These criminal suspensions cannot be challenged through another hearing — they are part of the court's sentence.

You can request a work permit for the criminal suspension as well, using the same process. Some people are able to drive on a work permit for the entire suspension period if they meet the requirements. Others lose the work permit if they violate its terms — for example, by driving outside the permitted hours or for a purpose not listed on the permit.

Hiring an attorney for the administrative hearing

Many people hire a DUI attorney to represent them at the administrative hearing. An attorney can cross-examine the arresting officer, challenge the legality of the stop or arrest, and argue that the test was improperly administered. An attorney can also file motions before the hearing to exclude evidence or dismiss the suspension on procedural grounds.

You have the right to represent yourself at the hearing, and you do not have to hire an attorney. However, the hearing officer and the prosecutor (if one is present) are familiar with DUI law and procedure. If you choose to represent yourself, prepare by reviewing the police report, understanding the legal standards for reasonable grounds and lawful arrest, and practicing your questions for the officer. The Department of Public Safety can provide you with the police report and any other evidence the officer will present.

Frequently Asked Questions

What happens if I do not request a hearing within 30 days?

The suspension takes effect automatically on the date specified in the notice. You lose the right to challenge the suspension through a hearing. You can still request a work permit to drive for limited purposes, but you cannot stop the suspension itself.

Can I drive while waiting for my hearing?

Yes. Requesting a hearing stops the suspension from taking effect until after the hearing is held. You can drive normally during this time. The hearing typically takes place within 30 to 60 days of your request, though this varies by location.

Do I need a lawyer to request a hearing?

No. You can request a hearing yourself by submitting the form or a written request to the Department of Public Safety within 30 days of arrest. However, an attorney can help may support the request is filed correctly and can represent you at the hearing itself.

If I win the administrative hearing, does that mean I will win my criminal case?

No. Winning the administrative hearing means the Department of Public Safety cannot suspend your license based on that arrest. The criminal case is separate, and the prosecutor can still pursue DUI charges in court. However, evidence that helped you win the administrative hearing may also help your criminal defense.

Can I get a work permit before my hearing?

No. A work permit is only available after the suspension takes effect. If you lose your hearing, you can explore for a work permit when ready after the hearing ends. If you win your hearing, you do not need a work permit because your license is not suspended.

This guide is for general information only and is not medical, financial, legal, or other professional advice. For decisions specific to your situation, consult a qualified professional. See our Editorial Policy.