How do I keep my driver’s license from being revoked? Attorney in ,

How do I keep my driver’s license from being revoked?

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Well, the short answer is you can’t. Well, actually, that’s not true. Don’t drink and drive. That will help keep your license from being revoked, although even then it’s not a guarantee. The police officer issues a notice in order of revocation on behalf of the Commissioner of Public Safety typically at the time of the arrest. If we’re talking about a breath test where the officer immediately knows the result, he will then immediately revoke the license on behalf of the Commissioner. You have the right to challenge that and everybody should challenge that. And the challenge – the time to challenge actually exists for only 30 days, which is why it’s critically important that you talk to a lawyer immediately upon your arrest. Don’t wait around for your court appearance. You will, I assure you, be too late if you do that.

But it requires, actually, that you file a civil lawsuit against the Department of Public Safety in order to challenge the license revocation. And that’s the part most people don’t understand is that you have to take an affirmative step of filing a civil lawsuit suing the Department of Public Safety to stop the revocation. And, again, it won’t stop it, but it’ll at least give you the opportunity to review and see whether it should later be removed from the record.

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Minnesota criminal defense attorney Jeffrey Sheridan explains how someone can avoid a license revocation for driving under the influence of alcohol.

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