Major Changes Coming to MN DWI Penalties? New Bill Introduced
A new bill was introduced in the Minnesota legislature that may spark major changes to DWI penalties in the state. The major overhaul in this bill would impact license revocation periods as detailed in Minnesota Statutes sections 169A.52 and 171.17. It would create a new statute — 171.178 — that would detail out the length of driver’s license revocation periods.
If this bill is passed, the biggest change would be to the look-back period for DWIs in Minnesota for determining how long a person’s driver’s license would be revoked. It would go from a look-back period of ten years to twenty years. It also would mandate ignition interlock for anyone who gets a DWI and they have a prior DWI (technically a “qualified prior impaired driving incident” which can include a prior driver’s license revocation — implied consent) within the past twenty years. It would also mandate drivers falling into that category to complete a substance use disorder treatment or rehabilitation program to get their license back without any restrictions after the ignition interlock period.
Many believe this is a knee-jerk reaction to recent Criminal Vehicular Homicide cases in Minnesota that garnered public attention and outcry. A push for more serious penalties across the board for DWIs and CVH and CVO cases is on our doorstep. However, the most striking aspect of this current bill as introduced is the look-back period of twenty years. If the intention is to create a deterrent factor, it is laughable. With a current look-back period of ten years, people often forget about a DWI they had nine and a half years ago. Increasing that to nineteen and a half years is hardly going to prevent anyone from driving while impaired. “I better not drive home drunk because of that DWI I got nineteen years ago might make my license revocation longer if I get another one” said pretty much nobody ever. Thus, the bases behind this bill has to be pure punishment and the “tough-on-crime” facade politicians like to tout for appearances.
More severe punishment and consequences produces incredibly little effect on recidivism rates. See the history of Mass Incarceration in the United States of America. Real reduction on DWIs are likely only going to happen when technology advances to the point where vehicles will not operate if they detect the driver is impaired or autonomous driving becomes widespread. If neither of those two scenarios play out, then people would need to stop drinking alcohol and doing drugs at the current rate. Until then, politicians can recycle old ideas and appear tough on crime, seemingly never learning a lesson from the past. Or, we can spend time looking at the root cause and better solutions to the issue.
Robert H. Ambrose is a criminal defense attorney and DWI lawyer in Minnesota and Wisconsin. Super Lawyers named him a Super Lawyer for the past four years and a Rising Star in the preceding six years. He is an adjunct professor at the University of Minnesota Law School. DWI Lawyer Minnesota; Criminal Defense Lawyer Minnesota; and OWI Attorney Wisconsin.