Rehabilitation and License Reinstatements
requirements for rehabilitation before license reinstatement
When a license has been cancelled as inimical to public safety, that person
must demonstrate that they have complete chemical dependency treatment and any
aftercare before a license reinstatement may occur. The process for
reinstatement is determined by rules set out by the Minnesota Department
of Public Safety (DPS). A license is cancelled as inimical to public
safety after a person's third or subsequent impaired driving incident within ten
Rehabilitation is also required for a person whose license has been cancelled
for a violation of the no alcohol provision of a restricted driver's license - a
By statute the DPS is authorized to administratively establish standards for
rehabilitation, and the periods of rehabilitation must not be less than one year
for a person's third offense, and not less than two years for the person's
fourth or more impaired driving violation.
Under current DPS rules, the period of rehabilitation has been tiered from
one to six years according to whether or not the violator has successfully
completed rehabilitation previously. The tiered system is as follows:
- one year for the first rehabilitation;
- three years for the second rehabilitation;
- six years for the person's third or subsequent rehabilitation.
According to the DPS rules, rehabilitation requires, among other things, that
- successfully compete chemical dependency treatment in a program that
requires compete abstinence from alcohol and controlled substances;
- actively participate in a recognized chemical dependency group such as
- completely abstain from alcohol and controlled substances (any police
report or other record that indicates alcohol use would start the time
- obtain sworn affidavits from those who have known the person for
the required rehabilitation period who will attest that the person has
abstained from alcohol. The affidavits must be from witnesses who are not
relatives, employees or employers of the person.
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