MN B card removal

[Jd85]

I live in MN and I've had a B card since 2007 and I want to have it removed. I got a boating while intoxicated in 2009 in WI. I have been sober since 2009. When MN does the background check for the B card removal will they see the BWI and cancel my license?

 

[quincy]

I live in MN and I've had a B card since 2007 and I want to have it removed. I got a boating while intoxicated in 2009 in WI. I have been sober since 2009. When MN does the background check for the B card removal will they see the BWI and cancel my license?

The restrictions on your license can be removed after 10 violation-free years.

 

[quincy]

Here is a link to the law (Mn Stat 171.09): https://www.revisor.mn.gov/statutes?id=171.09&year=2017&keyword_type=all&keyword=171.09

Try very hard not to violate again, this if you don't like the license restrictions.

 

[Jd85]

The BWI was in a different state than my home state so I'm curious if my home state can see the offense when they run the background check?

 

[Just Blue]

The BWI was in a different state than my home state so I'm curious if my home state can see the offense when they run the background check?

Yes they can.

 

[quincy]

The BWI was in a different state than my home state so I'm curious if my home state can see the offense when they run the background check?

Probably. In what state was your BWI?

 

[Jd85]

BWI was in Wisconsin, but I live in Minnesota

 

[quincy]

BWI was in Wisconsin, but I live in Minnesota

Thank you for answering my question.

There was a criminal record generated with your arrest for boating while intoxicated so there is a good chance that Minnesota knows of your offense in Wisconsin.

 

[Tough Decision]

Yes they can.

Absolutely they can. I have a situation right now that involves two states farther apart than your two. Had a misdemeanor arrest and booking last fall and they ran a background check while I was in the holding cell, didn't find anything. But when I went to plead, they did a more thorough check and DID find a case from 10+ years ago which screwed up my new plea deal badly because I had also signed a statement that my record was clean, a statement that ended up false. So YES, assume very much they'll find it.

 

[quincy]

Absolutely they can. I have a situation right now that involves two states farther apart than your two. Had a misdemeanor arrest and booking last fall and they ran a background check while I was in the holding cell, didn't find anything. But when I went to plead, they did a more thorough check and DID find a case from 10+ years ago which screwed up my new plea deal badly because I had also signed a statement that my record was clean, a statement that ended up false. So YES, assume very much they'll find it.

A lot depends on how the offense in the other state is charged, so it is not an absolute rule that an offense in one state will automatically be accessible/viewable to other states.

Unfortunately, the boating while intoxicated conviction in Wisconsin should appear on a criminal background check. I agree with you that Jd85 should assume it will.

 

[xylene]

Depending on the details, you owe the state on Minnesota at least 1 year of license cancellation and to go through the chemical dependency program again.

You got a BWI while B-carded. That is demonstrable proof your were consuming alcohol.

You really need a lawyer. I really think you need to think your plans to remove this restriction through and probably plan on delaying them and facing new penalties.

 

[Jd85]

Ok thanks everyone! So it sounds like I should wait until 10 years after the BWI then? Can I still get in trouble even if I try to remove it in 2019 and they see the BWI?

 

[quincy]

Ok thanks everyone! So it sounds like I should wait until 10 years after the BWI then? Can I still get in trouble even if I try to remove it in 2019 and they see the BWI?

You would be smart to speak to an attorney in your area about the status of your restricted license with the additional boating while intoxicated violation.

Good luck.

 

[xylene]

I am of the opinion that since you never been canceled for the bwi, it is 10 years from when you are done being cancelled for the bwi (apparently that hasn't happened) plus the dependency ptogram, so like 2030 at best.

 

[quincy]

I live in MN and I've had a B card since 2007 and I want to have it removed. I got a boating while intoxicated in 2009 in WI. I have been sober since 2009. When MN does the background check for the B card removal will they see the BWI and cancel my license?

I am going to revise my earlier answer a bit and also stress the need for you to speak to an attorney in your area of Minnesota.

Although the boating while intoxicated offense in Wisconsin should show up on a criminal background check, I am not sure that this will affect when you can get your driver's license restrictions lifted in Minnesota.

I see where "vehicle" is defined under the law I cited earlier as "every device in, upon or by which any person may be transported or drawn upon a highway ... " (bolding is mine). Boats are not included.

Get clarification from a local lawyer to see if you can get the restrictions removed now or if the boating offense is going to make a mess of things for you.

Good luck.