What Does Implied Consent Mean Under DWI Minnesota Law?
Minnesota has a vigilant approach to enforcement of DUI or DWI laws. In Minnesota, the legal limit for blood alcohol concentration is .08%. If your blood alcohol concentration is greater than .08%, you will be charged with a drunk driving offense.
DWI Minnesota law states that there is an “implied consent” if you are driving. This means that if you choose to drive any motor vehicle (including boats) you consent to a test to determine whether your blood, breath, or urine has the presence of alcohol.
This implied consent means that if you are pulled over by a police officer, there is an implied consent or an implied agreement to participate in some form of blood alcohol content testing. Does this mean that you have to automatically agree to blood alcohol testing? Well, not exactly.
To begin with, you can always refuse to take a roadside test. However, that does not mean you can refuse to participate in a test if arrested or brought to the police station. While you will not physically be forced to comply with the test, refusal will result in immediate revocation of your driving privileges.
Refusing to comply with the testing procedures will result in greater consequences than agreeing to comply with the test. You will not only have your driving license suspended, you face greater penalties than you would if you tested with Blood Alcohol Content greater than the legal limit.
In most DWI Minneapolis cases, it’s better to agree to the testing than to refuse to comply. It’s certainly understandable to wait to take test at the police station. However, once at the police station, agreeing to comply with the testing procedures may help you DUI/DWI defense in the long run.
There are a number of factors that may be used in your defense of DWI Minnesota charges. Your defense begins by examining the original traffic stop. Was there reasonable suspicion for the traffic stop? If not, the stop and the ticket may be invalid.
Your defense will also include examining the arresting process and the charges. Simple field sobriety tests are not conclusive and can be challenged. Whether or not you were told of your right to an attorney is another factor that could weigh in your DWI Minneapolis defense.
Of course, almost all of the defenses will be far more difficult to argue if you refused to comply with the original testing procedures. While it may seem like you are going to get into more trouble by taking the test, the opposite is true. Agreeing (implied consent) to take the test gives you greater ability to contest and defend yourself against your arrest.
FREE MINNESOTA DWI CASE EVALUATION
Douglas V. Hazelton, Attorney at Law
Northland Plaza Bldg.,
Suite 1590
3800 American Boulevard
Bloomington, MN 55431
Phone: 612-334-3342
FAX: 952-543-3902
E-mail:info@halbergdefense.com
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