What is the Minnesota implied consent law?
Minnesota’s Implied Consent law means that any person who drives or operates a motor vehicle on a Minnesota roadway “impliedly consents” to a test of their blood, breath or urine if they are arrested for a DWI/DUI. This means that if you are arrested for a DWI/DUI in Minnesota, you are required to submit to a chemical test at the direction of a peace officer, and if you do not you will be charged with an additional (more serious) charge of refusal.
Breath is a little different than blood and urine. If the officer has probable cause to request a test, and they request a breath test, you are legally required to submit to that test even if the officer does not have a warrant. For blood and urine that requirement is the same, however the peace office must first obtain a warrant. If they do not have a warrant for blood or urine, you are not required to submit to the test in a standard DWI/DUI situation.
The other difference between blood and urine is that you have the right to a “choice” between the two. For example, if the officer has a warrant and asks you to take a blood test, but you have a fear of needles, you can say no to that test. At that point the officer has to offer you a urine test. If they do not, you cannot be charged with refusal of the blood test. However, if they do offer you the alternative and you refuse that as well, you can (and will) be charged with a refusal.
If you are charged with a DWI/DUI under Minnesota’s Implied Consent Law, call the experienced attorneys at Gerald Miller P.A. today.
Find out more: Implied Consent DWI Law in Minnesota to be reviewed by United States Supreme Court
