DAC, DAR and DAS Overview | Traffic Lawyers Minneapolis
The Minnesota Department of Public Safety (DPS) maintains your driving record, which contains information about driving and licensing violations in Minnesota, as well as in other states. Your driver’s license may be withdrawn via the DPS by suspension, revocation or cancellation following serious or recurring traffic violations. If they are and you are charged with driving after your license as been taken away, contact traffic lawyers Minneapolis at Gerald Miller to review the difference scenarios surrounding these charges.
If you plead guilty and your license is withdrawn, the Department of Public Safety will send you a notice of withdrawal and a list of requirements to have your driver’s license reinstated. There are a lot of different options and scenarios, and having a team of traffic lawyers Minneapolis can help you make the right decisions in your case.
Driving After Cancellation
Driving after cancellation (DAC) is one of the most commonly charged crimes in the state of Minnesota. It refers to a person that has had their driver’s license or driving privileges cancelled and been given notice of the cancellation, but disobeys the order by operating any motor vehicle while the person’s license or privilege is cancelled. It is also the most serious offense as it often relates to the driver having a number of driving while impaired violations.
Your license may be cancelled if you:
- Acquire a mental or physical disability that makes you incapable of driving a motor vehicle safely;
- Do not pass a test that is legally requested by DPS to determine your ability to drive safely;
- Give false or misleading information on your license application;
- Commit a crime for which cancellation of your license is a legal punishment;
- Do not qualify for a driver’s license under Minnesota law
DAC can be charged either as a misdemeanor or a gross misdemeanor depending on the reason for the cancellation in the first place. A misdemeanor offense is punishable by up to 90 days in jail and/or a $1000 fine.
If the driving privilege was cancelled as inimical to public safety as a result of multiple DWI convictions, the subsequent DAC will likely be charged as a gross misdemeanor.
If the DAC is charged as a gross misdemeanor you will face up to a year of jail time and a $3,000 fine per count. However, if the driving privilege was originally cancelled for another reason, the DAC may be charged as a misdemeanor. All misdemeanor charges, however, carry a maximum penalty of 90 days in jail and/or a fine of $1,000 per count.
Similarly, if you plead guilty to or are convicted of driving after cancellation, you automatically lose your license for at least 30 days. This is true even if you had your license valid again before entering your guilty plea to the DAC.
Driving After Revocation
Driving after revocation (DAR) is one of the most commonly charged crimes in the state of Minnesota. It refers to a person that has had their driving privileges or driver’s license revoked and been given notice of the revocation, but disobeys the order by operating any motor vehicle while their driver’s license or privileges are revoked. And if you have been charged with DAR, making sure that you have a team of experienced traffic lawyers Minneapolis representing your rights is critical for your case.
Your driver’s license may be revoked if you:
- Refuse to take a blood, breath or urine intoxication test;
- Are convicted of manslaughter or any criminal actions while driving a motor vehicle;
- Are convicted of driving a motor vehicle while under the influence of alcohol or drugs;
- Are convicted of a felony in which you used a motor vehicle;
- Are convicted of driving in excess of 100 mph;
- Are convicted of fleeing a police officer;
- Are convicted of failing to stop, identify yourself or render aid when involved in an accident;
- Are convicted of lying under oath to DPS or its agents;
- Are convicted of signing any legal documents containing false information about legal vehicle ownership;
- Are convicted of making a false statement to DPS;
- Plead guilty or forfeit bail for three violations in a single year of any Minnesota traffic law requiring jail;
- Are convicted of an offense in another state that would be grounds for revoking your license in Minnesota;
- Are convicted of a misdemeanor for driving a motor vehicle with prior knowledge that the owner of the vehicle did not have no-fault vehicle insurance;
- Own a vehicle without no-fault insurance and are found to have driven it or allowed others to drive it, with full knowledge that the vehicle was not insured;
- Are convicted of a gross misdemeanor for failing to stop for a school bus with its stop arm extended and its red lights flashing;
- Are convicted of selling or possessing a controlled substance while operating a motor vehicle;
After the period of revocation has ended, your driving privileges may be reinstated if all requirements for reinstatement are met. Requirements include but are not limited to:
- Payment of the reinstatement fee;
- Passing the appropriate exams;
- Showing the proper identification when you take the knowledge test or road test;
- You must apply for a new license after all your testing requirements are met
Since a DAR is a misdemeanor, the maximum penalty is 90 days in jail and/or a fine of $1,000 per count.
Similarly, if you plead guilty to or are convicted of driving after revocation, you automatically lose your license for at least 30 days. This is true even if you had your license valid again before entering your guilty plea to the DAR.
Driving After Suspension
Driving after suspension (DAS) is one of the most commonly charged crimes in the state of Minnesota. It refers to a person that has been caught operating any motor vehicle after their driver’s license has been suspended by the court and after being notified by the court of the suspension of their driver’s license. Having a team of traffic lawyers Minneapolis to walk you through your next steps after this kind of charge can help you achieve a favorable result.
Your driver’s license may be suspended if you:
- Repeatedly violate traffic laws;
- Are convicted for a violation causing a traffic accident resulting in death, injury or property damage;
- Use, or allow someone else to use, your license for an illegal action;
- Commit a traffic offense in another state that would be grounds for suspension in Minnesota;
- Are judged in court to be legally unfit to drive a motor vehicle;
- Fail to report a medical condition that would result in cancellation of driving privileges;
- Fail to stop for a school bus with stop arm extended and red lights flashing (second offense in 5 years);
- Are found to possess a fake or altered license;
- Make a fraudulent application for a license or ID card;
- Take any part of the driver’s license exam for someone else, or allow someone else to take it for you falsely identify yourself to a police officer;
- Fail to appear in court or pay a fine on a motor vehicle-related violation when required to do so;
- Are convicted of a misdemeanor for a violation of Minnesota traffic law;
- Use, or allow someone else to use, a license, permit, or ID card to buy tobacco products for someone who is under 18 years of age, or alcohol for someone who is under 21 years of age;
- Are convicted of underage drinking and driving;
- Are convicted for theft of gasoline
After the period of revocation has ended, your driving privileges may be reinstated if all requirements for reinstatement are met. Requirements include but are not limited to:
- Payment of the reinstatement fee;
- Passing the appropriate exams;
- Showing the proper identification when you take the knowledge test or road test;
- You must apply for a new license after all your testing requirements are met
Since a DAS is a misdemeanor, the maximum penalty is 90 days in jail and/or a fine of $1,000 per count.
Similarly, if you plead guilty to or are convicted of driving after suspension, you automatically lose your license for at least 30 days. This is true even if you had your license valid again before entering your guilty plea to the DAS.
After the suspension period has ended, your driving privileges may be reinstated if all the requirements set forth by the DPS are met.
Should I Hire Traffic Lawyers Minneapolis?
There are a lot of difference scenarios and situations that come with each of these difference charges. Having an experienced group of Traffic Lawyers Minneapolis fighting for your rights can help you achieve a favorable result. Give Gerald Miller a call and set up a free consultation about your case today.
