A Minnesota DWI charge will get your driver’s license suspended if your BAC is over 0.08. In order to challenge the license suspension, you must file an Implied Consent Petition with the Court within 30 days that you receive the Notice of Suspension.
The Implied Consent case is basically a civil lawsuit against the Minnesota Commissioner of Public Safety alleging that your suspension is wrong. The basis of such a challenge can include that the police officer did not have probable cause to stop you or to arrest you, that the BAC test is unreliable, that the police office did not let you talk to an attorney after the arrest and before you took the test, or any violation of constitutional rights. If you have been arrested for a Minnesota DWI, talk to a criminal defense attorney if you believe there are issues that the police did wrong during the DWI arrest.
The issues that are raised in an Implied Consent case are usually raised in your criminal defense case as well. The issues are tried to a judge. If you prevail in your criminal case without challenging the Implied Consent case, you will still have an Implied Consent entry on your driver’s record. Insurance Companies, police officers, and anyone looking at your driving record will know that you were arrested for DWI even if there is no criminal conviction.
For clients of the public defender, you need to be aware that the public defender will not represent you in the Implied Consent case.
If you have questions concerning a DWI arrest, please call for a free initial consultation.
-John Scott, 612-840-8961
