Legal Representation In Minnesota And Wisconsin

Explaining Minnesota’s Implied Consent Law

Did you refuse to submit to chemical blood alcohol content (BAC) testing before your arrest for driving while impaired (DWI)? You actually have to fight the charges on two fronts. Most worry about the criminal DWI and refusal case, but the civil implied consent case must also be addressed.

At Bird, Stevens & Borgen, P.C., we have been helping clients in Rochester and Bloomington successfully fight their DWI charges and retain their driver’s licenses for more than 30 years. When you need focused, capable representation during a difficult time, we are here for you.

How Implied Consent Works In Minnesota

In Minnesota, “implied consent” refers to the idea that – in exchange for the driving privileges granted by your license – you agree to submit to chemical blood alcohol content testing when an officer has probable cause to believe you are intoxicated and:

  • You are involved in a collision.
  • You are lawfully arrested on DWI charges.
  • You refused a preliminary breath test (like a roadside breathalyzer).
  • The preliminary breath test indicates your BAC is .08% or higher.

If you refuse, you may face additional criminal penalties associated with your DWI arrest, and you will most certainly face administrative penalties which include the loss of your license for one to six years. Challenging this is possible, but a challenge to your driver’s license revocation is not an automatic process. You must file the challenge within 60 days or you forever waive that right.

It’s also important to understand that civil license revocation is not an insignificant issue. Aside from the inconvenience and limitations it imposes for however long you are without a license, the revocation will remain on your driving record and can be used to enhance future penalties if you are ever facing another DWI charge.

Call For A Free, Confidential Consultation

The faster you get an experienced criminal defense attorney on your side, the better your odds of defeating the DWI charges against you and retaining your license to drive. Take control of your situation. Call us at 507-218-2392 or send an email to schedule a consultation and discuss your options.