In Minnesota, there is a presumption that any person who drives, operates, or is in physical control of any type of motor vehicle in the state consents to a chemical, blood, breath, or urine test for the purposes of determining their blood alcohol concentration (BAC) or the presence of controlled or hazardous substances in their body. The testing is administered at the discretion of the officer when there is probable cause to believe the person has been driving while impaired. You may have questions or doubts about an implied consent hearing, and hiring an experienced team of Minnesota DUI Attorneys can help you navigate through the case.
If an individual refused or submitted to testing, and that testing resulted in a .08% or more blood alcohol level, their driver’s license will be revoked for a prescribed period of time. The prescribed revocation period depends upon, among other things, the individual’s test level and prior DWI / license revocation history.
Minnesota law does allow for an individual to contest the revocation of his or her driver’s license. The motorist may use the administrative review procedure, the judicial review procedure or both to challenge the license revocation. However, the two procedures are completely separate and have no binding effect upon each other.
Administrative Review
Any person whose license is suspended under the implied consent statute may request an administrative review. Unlike judicial review, which must be sought within 30 days after issuance of the notice and order of revocation, administrative review remains available throughout the revocation period. However, once the revocation period has been served and the license reinstated, a person is deemed to have waived the right to administrative review.
A request for an administrative review must be in writing and include the petitioner’s name, date of birth, driver’s license number, and a written statement upon which the person seeks to have the revocation rescinded.
Upon request, the Commission of Public Safety reviews the reports and evidence and renders a decision. The decision must be issued within 15 days after the request is received.
Judicial Review
Pursuant to Minnesota Statutes, a petitioner seeking judicial review must submit to the court:
- A petition for judicial review;
- Proof of services of the petition upon the proper parties;
- Filing fees
Additionally, the availability of judicial review is limited to 30 days after the date on which the notice and order of revocation was issued. If you fail to serve and file within 30 days exactly as prescribed by statute, you are deemed to have forever waived judicial review on the matter.
It is important to note that a DWI criminal proceeding and an implied consent hearing are separate and independent matters. Therefore, decisions in favor of the driver in one proceeding do not have any automatic effect in the other proceeding. Generally, the trial court will issue a decision within 14 days after the hearing.
Should I Hire Minnesota DWI Lawyer?
Minnesota Implied Consent Law is extremely complicated and time sensitive. Having experienced Minnesota DUI Attorneys by your side is therefore critical to contesting any license revocation. Gerald Miller PA has defended thousands of DWI-related cases throughout the past 35 years. Contact us today at 612-341-9080 for a free consultation.
For more information see the Minnesota Implied Consent Statute 169A.51.
For a review of criminal penalties and driver license sanctions see the Minnesota Department of Public Safety.
