By agreeing to a driver’s license, you are agreeing to follow certain road rules including obeying the speed limit, giving the right of way to drivers and practicing safe driving. It also means you are agreeing to not drink and drive. However, when you apply for your driver’s license in Minnesota, there is a provision that commonly is known as “implied consent.” What this means is that, by accepting a driver’s license, you are automatically giving your consent to be subjected to certain types of tests if you are ever pulled over for suspicious driving.  Furthermore, you are also agreeing that, if you fail these said tests, that your driving privileges will be revoked for a certain period of time.

Understanding Minnesota implied consent laws

Implied consent law in Minnesota can be confusing to say the least. It may seem like, by accepting your driver’s license you are losing your constitutional rights, but this is not the case. You are allowed to withdrawal your implied consent if you are pulled over and asked to take any type of test. However, under the Minnesota law, you could still be arrested for DWI suspicion even without taking a field sobriety, urine, blood or breathalyzer test. This may seem unfair – this is one of the reasons why you need to speak to an experienced DWI lawyer if you are ever pulled over for drinking and driving.

Regardless of whether you decide to take a test or refuse outright, you have the legal right to speak to a lawyer about what to do. If you are pulled over for DWI suspicion, you can contact a DWI lawyer before agreeing to any test.

The information on this website is meant to give you a general rundown of implied consent and DWI laws in Minnesota. However, as every single case is different, this website will not be able to tell you what to do if you are arrested or asked to take a test. Only an experienced DWI attorney will be able to assess your case and determine the best way to proceed. In some instances, test refusal may benefit you. In other instances, it may be smarter to adhere to the tests and go from there.

What if I refuse the test?

When you are pulled over, under implied consent, you are agreeing to take any of the following tests if you are under suspension for a DWI:

• Field sobriety tests including the walk and turn test, the horizontal gaze test or the one leg stand test
• Urine sample which will test the alcohol content in your system
• Blood sample which will test the blood alcohol content in your system
• Breathalyzer test which will test the alcohol content on your breath

If you choose to refuse to take any of these tests, you could still be arrested and taking to the police station for further questioning. It is up to the police officer to decide what to do. Test refusal is a crime in itself and comes with a license revocation up of to one year.

There are ways to fight any test refusal under the implied consent law. Call Judith Samson, Minnesota DWI Lawyer at 612-333-8001 Today!

With the right Minneapolis DWI lawyer, you could be able to waive the charges and walk away with a clean slate. It all depends on your situation, your representation and what county court you are facing. For fast, effective and aggressive legal representation, contact experienced Minneapolis DWI attorney Judith Samson 24/7 at 612-333-8001.