What Is Implied Consent Law In Minnesota?
Did you know that if you obtain a driver’s license in Minnesota that you consent to be tested when pulled over on suspicion of drunk or drugged driving? Like most states, Minnesota has an implied consent provision in the DUI/DWI laws.
Being charged with a DWI in Minnesota creates two separate cases, a criminal and a civil case. The civil case is about revocation of your driver’s license under the implied consent law. Minnesota’s implied consent law presumes that any person who operates any type of motor vehicle implicitly consents to a chemical test to determine alcohol concentration and/or the presence of controlled or hazardous substances in the person’s body. The law allows for revocation of a license for either failing a chemical test or refusing to take one.
If you refuse to take the test there are both criminal and civil penalties. For criminal, a refusal can increase a first time offenders charge from a misdemeanor to a gross misdemeanor. On the civil side. refusal can lead to a loss of your license for a longer period of time. Whether or not you should take the test is a matter of past convictions of DWIs and your current BAC. Because of these complexities, consulting an attorney can be vitally important to ensure that you do not face penalties any more severe than the law requires.
At Groshek Law PA in Minneapolis, our attorneys defend individuals who have been charged with drunk or drugged driving and with refusal to submit to testing, both blood and breath. We work diligently to protect the rights of our clients and lessen the penalties they face.
The Cutting Edge Of DWI Defense
Founding attorney Christa Groshek strives to be on the cutting edge of technologies associated with driving under the influence of drugs or alcohol (DUI) and driving while intoxicated (DWI), such as breath testing equipment and ignition interlock devices. She was a member of the Source Code Coalition, a group of defense attorneys in Minnesota who fought to obtain information regarding the reliability of the Intoxilyzer 5000, which had been under suspicion for years. Ignition interlock devices are mandatory in DUI sentencings, so make sure you understand your rights.
Protecting Your Driver’s License
Refusing testing during a DUI stop can result in the loss of your driving rights. It is important to realize that this threat exists on the driver’s license side in addition to the criminal penalties you face. The basis for challenging the criminal case against you often involves the same facts that drive your challenge of license suspension or revocation. Christa Groshek can handle both the criminal and civil aspects of your case.
Contact An Implied Consent Defense Lawyer
To learn more about implied consent and its effects on your rights, contact Groshek Law PA today by calling 612-426-7047 and scheduling a confidential consultation. You may also complete our brief online form.
