The Facts and Impact of a Minnesota B-Card & DWI Arrest

Drivers in Minnesota who have had their driver’s license canceled after three or more DWI or impaired driving convictions within ten years or four such convictions on their record can apply for a B-Card if certain conditions are met. But before applying, it’s important to know the facts and impact of a B-Card.

A B-Card is a restricted driver’s license issued after an offender agrees in writing to abstain from alcohol and illegal drug use permanently. In order to be eligible to apply for a B-Card, a person must first complete both rehabilitation for a period required by law and a chemical dependency treatment.

The “no drug/alcohol” restriction can remain on a B-Card permanently and it also stays in a person’s driving record for the rest of their lives. The person is not permitted to consume any alcohol at all, even in small quantities (such as in religious services or some over-the-counter medicines), whether or not they’re behind the wheel.

If a B-Card holder is found by police or any authority to have consumed alcohol, their B-Card will be revoked by the Department of Public Safety (DPS), even if the person is not arrested or convicted of any crime. If a B-Card is canceled, the offender must complete a longer rehabilitation and chemical dependency treatment, and DPS requires documented proof that there has been no drug or alcohol use for a minimum of:

  • first rehab – one year
  • second rehab – three years
  • third or more rehab – six years

However, if a B-Card holder is found in violation of the “no alcohol/drug” restriction while driving, gross misdemeanor criminal penalties will be enforced if there is a conviction.

In July of 2012, an amendment was made to the statute that allows for a person to have the restriction removed from their driver’s license if there have been no documented cases of drug or alcohol use and no impairment issues for ten years after the original offense. Contact us to discuss the possibility of removing the restrictions from your driver’s license or to fight against a B-Card violation.

DISCLAIMER: The information contained in this article does not constitute an attorney-client relationship. Please contact attorney Kirk Anderson for an initial consultation.