Can You Challenge a License Extension? Yes—Here’s How

For Minnesota drivers in the ignition interlock program, the stakes have never been higher. A single violation like blowing over 0.02, tampering with the device, or failing a retest—can now mean months or even years added to your restricted license status. But here’s what’s new and important: you now have the right to challenge that extension in court.

This blog walks you through everything you need to know about appealing a DWI license extension in Minnesota, including the new legal protections, how to prepare your case, and how your attorney can fight to restore your full driving privileges.

What Triggers a License Extension in the Ignition Interlock Program

Under Minnesota Statutes §171.306, license extensions are automatically imposed when a participant:

• Registers a positive breath alcohol concentration of 0.02 or more.
• Is convicted of an alcohol-related offense, even if it didn’t involve driving.
• Tampered with or bypassed the ignition interlock device.
• Drives without a functioning interlock device.
• Violates program terms set by DPS or the interlock provider.

These violations can lead to significant extensions of the ignition interlock period:

• First violation: +180 days
• Second violation: +1 year
• Third and subsequent: +545 days.

The 2025 Law: Your Right to Challenge the Extension

Before August 1, 2025, participants had no recourse if the Minnesota Department of Public Safety (DPS) extended their license revocation. That has now changed.

Effective August 1, 2025, under Chapter 29, Section 15, a person whose revocation or license extension is based on an ignition interlock violation now has the right to petition the district court for judicial review.

This is a game changer.

You no longer have to accept the extension as final. You can go to court and argue that the extension was:

• Factually incorrect (e.g., false positive)
• Legally unsupported
• Excessive or improperly calculated

How the Judicial Review Process Works

To challenge an ignition interlock extension, you must:

1. File a petition in the district court of your county of residence.
2. Serve written notice to the commissioner of public safety at least 15 days before the hearing.
3. Submit your challenge within:
4. 180 days of the notice of extension, or before the revocation or suspension period expires—whichever is sooner.

The court will then set a hearing date and review:

• The facts of your case.
• Whether the DPS extension was justified.
• Whether to modify, shorten, or overturn the extension

What Evidence Matters in These Hearings

At the hearing, the court reviews the case without a jury. Evidence can include:

• Device data logs (to confirm tampering or BAC levels).
• Maintenance and calibration records.
• Medical conditions that might explain test results.
• Witness testimony or affidavits.
• Proof of compliance from the ignition interlock provider.

Critically, you must appear in person to testify and be cross-examined. Affidavits alone aren’t enough unless you’re there.

Common Violations That Lead to Extensions

Extensions are often based on:

• Failing startup tests or rolling retests.
• Missed appointments for calibration or data downloads.
• Use of mouthwash or medications that trigger false positives.
• Low battery or other device errors that are misinterpreted.
• Failing to report or resolve device issues with your provider.

Knowing the most common pitfalls is the first step to defending yourself against them.

Defense Strategies That Work

Some of the most effective legal arguments include:

• Challenging the reliability of the interlock device (e.g., known errors).
• Proving abstinence or explaining medical issues that mimicked alcohol use.
• Showing provider error or system failure.
• Demonstrating compliance efforts—e.g., quick retests that passed.
• Asserting procedural due process violations if DPS didn’t follow protocol.

Your attorney can request discovery of device logs, subpoena provider reps, and call expert witnesses on breath alcohol detection technology.

Why You Need an Attorney to Challenge a License Extension

This isn’t just a traffic ticket—it’s an administrative and legal battle that affects your:

• Driving freedom.
• Insurance rates.
• Employment (if driving is job-related).
• Overall ability to function in daily life.

An experienced DWI attorney can:

• File the petition correctly and on time.
• Present persuasive legal arguments.
• Cross-examine DPS agents or providers.
• Negotiate with the state for reduced sanctions.

Don’t go into this hearing alone. A procedural misstep could lock you into years of additional restrictions.

Timeline and Deadlines for Filing Your Petition

Missing the deadline means you lose your right to challenge—so act quickly.

What to Expect at the Court Hearing

The hearing may be brief, but its consequences are long-lasting.

The Bottom Line: Don’t Let DPS Add Years Without a Fight

Minnesota’s updated ignition interlock laws have created a fairer process—but you have to use it. If your license extension is based on an alleged violation, you have the right to challenge it in court.

Act fast. Gather your documentation. And speak to a DWI defense attorney who knows the law, the process, and how to win.

Because one mistake shouldn’t cost you years of restricted freedom.

Need Help Challenging a License Extension in Minnesota?

Contact for a free consultation. We help drivers fight interlock extensions, reinstatement delays, and DWI penalties statewide.

 

Common Questions for Southern Minnesota Drivers

Can I challenge an ignition interlock license extension if I live in Mankato or Rochester?

Yes. Minnesota law now gives you the right to petition for judicial review if your license was extended due to an ignition interlock violation. This applies no matter where in the state you live including Mankato, Rochester, or surrounding areas.

Do local courts in Southern Minnesota take these challenges seriously?

They do. Judges want to see evidence. If the extension was based on faulty equipment, a medical condition, or an honest mistake, your case deserves a second look and local courts will review that evidence during a hearing.

What kind of proof helps most when challenging a license extension?

We’ve found that successful appeals often include:

• Data logs from your ignition interlock device
• Documentation from your provider
• Any relevant medical records
• Personal testimony and witness statements

We help clients in both Mankato and Rochester gather and present this evidence effectively.

How long do I have to appeal the license extension?

You must act quickly. Minnesota law gives you 180 days from the notice of extension, or until your license revocation ends whichever comes first. If you’re in Mankato, Rochester, or anywhere in southern Minnesota, we recommend speaking with an attorney right away to start the process.

I’m already using ignition interlock—should I still fight the extension?

Yes. An extension adds months or even years to your restricted status. Whether you’re commuting to work in Mankato or managing family life in Rochester, an unnecessary extension can cost you time, money, and freedom. You now have a legal right to challenge it and we can help.

Don’t Let a License Extension Derail Your Life

Whether you’re in Mankato, Rochester, or anywhere in Southern Minnesota, you now have the legal right to fight back. At Kohlmeyer Hagen Law Office, our experienced DWI defense attorneys know how to challenge interlock violations and DPS extensions because we do it every day. Contact us today for a free consultation and let’s get your license back on track.

Contact Us

Kohlmeyer Hagen Law Office Chtd.
Mankato Office: 3 Civic Center Plaza Suite 400, Mankato, MN 56001
Rochester Office: 206 5th Ave SW, Suite 504, Rochester, MN 55902
Phone: (507) 625-5000
Website: https://khmnlaw.com
Office Hours: Mon–Fri, 8:00 AM – 5:00 PM
Contact Form: Submit Online

Ready to Challenge Your DWI License Extension?

Schedule your free consultation today and let’s fight for your license—and your future.