Robert and Jill Oleisky are members of the Douglas Amdahl Inn of Court and the Minnesota Society of Criminal Justice.
Frequently Asked Questions
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What is the difference between a misdemeanor, gross misdemeanor and a felony?
A misdemeanor charge carries a maximum penalty of up to 90 days in jail and a $1000.00 fine. A gross misdemeanor carries a maximum penalty of one year in jail and a fine of $3000.00. A felony offense carries a minimum penalty of one year and one day and a fine in excess of $3000.00
The police took my driver's license. Can I challenge this?
Yes, you will need to file a petition for judicial review to challenge the revocation of your license. This petition must be filed within 30 days. This is commonly referred to as an “Implied Consent Petition.” Please contact Oleisky & Oleisky, P.A. for information on your specific case.
If I don't challenge the revocation, what steps do I need to take to reinstate my Minnesota Driver's License?
You will need to pay a $680.00 reinstatement fee, take a written test and you may need to speak to a Driver Evaluator in order to receive a limited license (work permit). You may be eligible to drive immediately upon enrollment in an Ignition Interlock Program.
How long can my Driver's License be revoked?
Each situation is different, however a first time DWI offense with a blood alcohol level of between .08% and .15%, it will be revoked for 90 days. You may get a limited license or work permit after 15 days. A first time refusal or BAC of .16 or higher results in a revocation of your license for one year. You will be required to have the Ignition Interlock device installed in your vehicle.
If this is your 2nd or 3rd offense, please call Oleisky & Oleisky, P.A. as each situation is different.
For more information please visit the following sites:
www.smartstartMN.com for the Ignition Interlock Program
www.dps.state.mn.us/dvs for the Department of Public Safety