Implied Consent in the Minnesota DUI defense

In every Minnesota DWI charge where the BAC is over .08, there is also an Implied Consent proceeding as well. So what is Implied Consent? Simplistically, Implied Consent means that every person in a Minnesota DUI arrest will consent to the State measuring BAC. As a result, part of the Minnesota DWI arrest is the police officer reading to the accused, and completing, an Implied Consent form. The most important parts of the Implied Consent form are the officer advising you that you are under arrest, that refusal to take the test is a crime, and that you have the right to speak with an attorney. The officer will also ask you if you wish to speak with a DUI attorney.

 

The result of the Implied Consent is that once the officers obtain a BAC test that shows your BAC is over 0.08, your driving privileges will be suspended for a minimum of 90 days. Prior DWI charges and aggravating factors (like high BAC levels) will make those suspensions longer. Refusing to take the test will not help out either, as it is a separate more serious charge. To read my prior article about refusing to take the test, click here: https://criminaldefensemn.wordpress.com/2008/04/02/no-breath-test-no-duidwi-is-not-true/  

 

If the officer has a test that shows your BAC over 0.08, he will give you a Notice of Suspension. If you do a blood or urine test, the Notice of Suspension will be mailed from the Minnesota DPS to the address on your license. In order to challenge the suspension of your drivers license, you need to file a Petition with the Court, within 30 days of the notice of suspension of your license. If you do not do so within that time limit, you forever lose the right to challenge the suspension. It is important that you talk with a criminal defense attorney as soon as possible after the DUI arrest.

 

If you have questions concerning your suspended license or a Minnesota Implied Consent, of Minnesota DUI, please call for a Free Consultation.

 

–John Scott, 612-840-8961.