Alcohol & Drugs: DUI, DWI HOW does Implied Consent Petition help stop a DWI from staying on a driving reco


New Member
Dakota County
My single parent daughter age 28 has been medicating depression w/ alcohol for 4 yrs. On welfare MFIP, attending trade school to get out of poverty. She has no $, no car, borrowed and owes money she can't pay, & no job, in full time school on a Grant. She had borrowed my car.

On 9/7 got 1st DWI, driving alone in my car, has 3 charges Gross Misd. w/ BAC of .20+ : (MN statutes 169A.20.1(1) , 169A.20.1(5) , 169A.26.1(a) ).

She was in jail 3 days, revoked her lic., police took lic. plates off MY car. Judge let her go w/o bail & a hearing set for 10/29. An UNavailable public defender just sent a letter telling her to file a judicial review of lic. revoc. w/in 30 days, but he doesn't do Civil cases. She knows she's guilty & nothing was handled incorrectly so she will not lie and say she was not guilty.

a. HOW does Implied Consent Petition help stop a DWI from staying on a driving record? What function does it serve?
b. Is there any purpose to filing if when a person is guilty w/ .20+ BAC.
c. Does the ICPetition request a judicial stay of the balance of the revocation & license plate impoundment or temporary reinstatement?
d. Is the ICPetition asking for a shorter revocation period or getting a limited license?
e. Does ICPetition need to be accompanied by affidavit of Service Upon the Comm. of Pub. Safety and a Cert. of Representation & Parties?
g. What content must be covered in drafting this petition? Are there any samples/templates.

She's unable to borrow $ so she is stuck trying help herself or do nothing. She will not be able to hire an attorney, so it is NOT an option to suggest. Lawyers are in business to make $ and hire one seem to be the only answer, but it is a NON-answer. She can get an Affida. for Proceed. in Forma Pauperis. Thank you
The implied consent hearing has nothing to do with the criminal case against her. She requests a hearing to try to overturn the revocation of her license. It has NO effect on the conviction or charge remaining on her record.

By the way, EVERYONE is in business to make money. Do you work for free?