DWI TEST & ALCOHOL ASSESSMENT
Kelly
Law Office
1013 Ford Road
Minnetonka, MN 55305
Phone: (952) 544-6356
Fax: (952) 546-3690
Mobile: (612) 735-3797
Email: dave@kelly-law.com
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Your homework assignment
What to study so you can pass the DWI Test
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The alcohol assessment
interview
Will you have one and can you prepare for it
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Contacting Minnesota's Department of Public Safety
It's not easy to get through, but here's how
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YouTube Video -
Implied Consent Part II
Reasons to file a petition for judicial review of your license revocation
YOUR HOMEWORK ASSIGNMENT:
If you are not going to rely on filing a petition for judicial review to get your license back, or even if you are doing that but you want to get a limited license for driving to and from work while you await the results of your petition, you are going to have to take the DWI test. To pass that test I recommend careful study of certain parts of the Minnesota Driver's Manual.
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Click here to go directly to latest version
of Chapter 7
- Click here to go directly to latest version of Chapter 8
Above are links to Chapters 7 and 8 of the Minnesota Driver's Manual. Be patient. They load slowly. Usually the DWI test which the state requires for the reinstatement of a driving license is based on these two chapters. The test is given on a computer, so you need to be able to use a keyboard and mouse. Since the state keeps making major revisions to those chapters, we have given up trying to reproduce their entire text here. Spend some time studying this material before you take the DWI Test. You'll be glad you did. The last we heard, a score of 75% or better was required to pass the test. We understand the test can now be taken in Spanish if that helps.
A client recently reported to us that the test she was given included a few questions about child restraints. That material is in Chapter 3, so you might be well advised to look at that too.
ALCOHOL ASSESSMENT INTERVIEW
Assuming that you plead guilty to an alcohol-related driving offense, the judge may require that you undergo an interview with a probation officer to determine whether or to what extent you have a drinking or substance abuse problem. To avoid having you exploring this issue for the first time with someone who is part counselor and part policeman, I sometimes suggest to you that you have an assessment done privately prior to court. To have this done privately you should go to someone who is a psychiatrist, a psychologist or a a Certified Chemical Dependency Counselor (CCDP). Your lawyer should be able to give you some referrals, and you should also be able to find lots of such counselors in the yellow pages under "Alcohol." The usual fee for an assessment is around $250. You may be able to have this covered by your health insurance. Consider how much you trust the confidentiality procedures of your insurance company before you submit anything to them, however. If you don't have the assessment done privately, the court will charge you a fee anyway for the assessment by the probation officer; but the judge usually will waive that fee when you have already had an evaluation done privately.
The assessment may include written testing as well as a face to face interview. During this interview, several methods are used to double check whether you are telling the truth, so just be truthful to begin with. Alcoholics lie a lot. If you are caught lying about anything, that tends to prove you have a problem. The counselor will ask for a "collateral source" to talk to besides just talking with you. A collateral source is someone who knows you really well, such as a spouse, relative or roommate. The counselor won't just take your word for everything, but will do some checking with the "collateral source." A private counselor ordinarily will not call your employer or anyone else without your permission, however.
To do a short test of yourself on your own, and to get a taste of the kind of questions you will be asked, you might want to take a look at the
Michigan Alcohol Screening Test.If you are arrested in Hennepin County and your test reading is less than .20, you will be sent to the Hennepin County One Day Program; and you will not have an interview by a probation officer at the courthouse. However, that interview is part of the process you will go through at the one day program. Since the One Day Program started, I have not been pushing as hard as I used to for my clients to get a private assessment done, at least not in the cases where the reading is relatively low.
CONTACTING THE DEPT OF PUBLIC SAFETY
As you go through the process of getting your license back, you may from time to time need to call or the Department of Public Safety. Here is their web address and a handy list of phone numbers:
To check the status of your license go to http://www.dps.state.mn.us. Scroll down and click on Driver and Vehicle Services (left side of screen). Then click on Online Services, and click on the circle for DL Status. Enter your DL number and click on Get Record.
To find a driver license testing station, click here.
651-297-3298 General Driver License Information651-296-6911 All Questions
651-296-2025 Revocations - questions about effect of guilty plea - Driver Evaluation
651-296-2221 DL Suspensions/FTA Fines
651-296-2875 DL Test Range
651-296-3279 Accident Records
651-296-2015 No-Fault Compliance
651-297-3402 Fax number for DL reinstatements
651-296-2035 Number to call to verify if fax was received.
Watch me talk Implied consent on YouTube
I'm working on a series of videos about Minnesota DWI basics and posting them on YouTube. Here's a link to the third in the series, which is also the second one on the topic of implied consent. In this edition, I describe how it may be a good idea for you to file a petition for judicial review if there may be something improper about the arrest.
Please ignore any advertising or additional links which may appear from YouTube after my video is over. Anything after the video is material from them, not from me, and I am not responsible for it.
Kelly Law Office represents dwi dui oui drunk driving clients throughout the Twin Cities - Minneapolis area including Bloomington, Edina, Minnetonka, Eden Prairie, St. Louis Park, Wayzata, Plymouth, Maple Grove, Brooklyn Park, St. Paul, Anoka, Shakopee, Hastings, Eagan, Burnsville, Buffalo, Hennepin County, Anoka County, Carver County, Scott County, Ramsey County, Dakota County, and Wright County.
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. The use of the Internet for communications with the firm will not establish an attorney-client relationship and messages containing confidential or time-sensitive information should not be sent.
