DWI IN MINNESOTA – IMPLIED CONSENT HEARING

Minnesota, like many states, has “implied consent” laws, which refers to the implicit agreement that drivers make by driving on Minnesota roads – to consent to take a chemical test to determine the presence of alcohol or controlled substances. Minn. Stat. § 169A.51.

At Vogel Law, our attorneys are fluent in the language of the laws that refer to implied consent. We take the time to explain what this means, especially if you refused a breath test after being pulled over. We are here to help you every step of the way and defend you in any implied consent hearings that may occur in your case.

At The Time Of Arrest

Upon your arrest for driving while impaired (DWI), it is likely that the arresting officer asked you to submit to a chemical test, usually a breath test. You are required to submit to the breath test if the officer has probable cause to believe you are intoxicated and one of the following conditions exist:

• The officer lawfully arrests you for DWI.
• You were involved in a collision involving property damage, injury or death.
• You refused to take a preliminary breath test (PBT).
• A PBT indicated you had a blood alcohol concentration (BAC) of .08 or more.

When a breath test is required, the police officer must read an advisory statement that informs you that Minnesota law requires a driver to take a test to determine whether the person is under the influence of alcohol. Refusal to submit to the breath test is a crime, and you have the right to consult with an attorney, but this right is limited to the extent that it cannot unreasonably delay the administration of the test.

A police officer must first obtain a search warrant if a blood or urine test is requested. At the time a blood or urine test is directed pursuant to a search warrant, you must be informed that refusal to submit to the test is a crime.

What Test Results Mean

If you submitted to a breath test and your results were greater than or equal to .08 (or .04 or more for an individual driving, operating or in physical control of a commercial motor vehicle), you were likely issued a notice of revocation and a seven-day temporary license. If you submitted to a blood test, the sample of blood was sent to the state laboratory for testing, and you have been or will be served with a copy of the notice of revocation once the results of the blood test have been determined.

Your Driving Privileges

You only have 60 days from the date on which the notice of revocation form is served to you or deemed received (three days after mailing to the last known address) to petition for judicial review on the state’s attempted suspension or revocation of your Minnesota driving privileges. If the petition has been timely requested and properly filed, a hearing must be held by the district court within 60 days. If you do not request a hearing within that time frame, you are waiving your right to a hearing to challenge the suspension or revocation of your driving privileges.

If the district court upholds your license revocation after the implied consent hearing, you have the opportunity to appeal that decision to the Minnesota Court of Appeals. If you appeal the district court’s decision to the Minnesota Court of Appeals and lose the appeal, you have the opportunity to then petition for review to the Minnesota Supreme Court.

Reinstatement of your driving privileges is not automatic. All alcohol-related revocations of a driver’s license require a $680 reinstatement fee, DWI knowledge test, driver’s license application with fees, and chemical assessment.

In 2011, Minnesota enacted laws that increase penalties and promote participation in the ignition interlock program for most repeated offenders. An ignition interlock is a breath-testing device attached to the ignition system of your vehicle. When you start your car, the engine will not turn over and start until you have provided a breath sample to the alcohol testing unit that is below .02 breath alcohol concentration (BrAC). If a test sample is below .02, the vehicle will start. If the test sample is above .02, the vehicle will not start. Once the vehicle is started, the ignition interlock will request that the driver randomly take alcohol tests to show that they are not drinking alcohol.

Driver’s License Consequences For DWI

If you submitted to a chemical test and the test result was at least at .08 and the state is successful in revoking your driver’s license or privileges, you face the following revocation time period based upon the number of offenses you have on your record: