In Minnesota, drivers are subject to Implied Consent Laws under Minnesota Statute 169A.51, which mandates that any person operating a motor vehicle automatically consents to chemical testing if lawfully arrested for driving while impaired (DWI). This law is intended to combat drunk driving and its associated dangers by ensuring that drivers suspected of impairment submit to testing. 

Implied consent applies in various situations, whether it’s a routine traffic stop where the officer suspects alcohol use or a driver involved in an accident. The law strictly requires drivers to submit to breath, blood, or urine tests to determine their blood alcohol concentration (BAC). Refusing to comply with the test can result in immediate legal consequences. 

Apple Valley Criminal Defense Lawyer 

James Blumberg is a qualified criminal defense attorney who focuses on defending clients against alcohol charges. With extensive experience in Minnesota, Blumberg will fight vigorously to protect your rights and seek the best possible outcome in your case.  

For a consultation to discuss your case and legal options, call us today at (952) 431-7758. The initial consultation is free, so don’t hesitate to reach out.  

Information Center for Implied Consent

What is Implied Consent? 

In Minnesota, implied consent laws mean that when a person obtains a driver’s license or operates a vehicle, they automatically agree to chemical testing if an officer suspects impairment. Here are some examples: 

Routine Traffic Stop for Suspected DWI 

  • Scenario: A police officer pulls over a driver for swerving on the road. The officer smells alcohol and asks the driver to perform a breathalyzer test. Under Minnesota’s implied consent law, the driver must submit to the test or face legal penalties for refusal. 

Accident Involving Impaired Driving 

  • Scenario: A driver is involved in a collision, and the responding officer suspects alcohol was involved. The officer requests a blood test to determine the driver’s BAC. Refusing this test would violate the implied consent statute. 

Field Sobriety Tests Leading to Chemical Testing 

  • Scenario: After failing field sobriety tests during a traffic stop, a driver is asked to submit to a urine test to check for impairment. The driver’s refusal would result in implied consent penalties. 

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Penalties 

The consequences for refusing chemical testing under Minnesota’s implied consent law are serious and can result in both administrative and criminal penalties. The severity of the penalties depends on the circumstances and whether the driver has prior DWI convictions. 

First Offense Refusal (No Prior DWI Convictions) 

  • Charged with a gross misdemeanor
  • Up to 90 days in jail and
  • Fine up to $1,000
  • Ignition Interlock: The driver may be required to install an ignition interlock device to regain limited driving privileges.
  • Revoked license for up to a year

Second Offense Refusal (Within 10 Years of Prior DWI Conviction) 

  • Charged with a gross misdemeanor.
  • Up to 1 year in jail and
  • Fines up to $3,000
  • Ignition Interlock: Mandatory installation of an ignition interlock device for regaining driving privileges.
  • Revoked license for up to 2 years

Third Offense Refusal (Within 10 Years) 

  • Gross misdemeanor or felony charge, depending on prior convictions.
  • Up to 7 years in prison and
  • Fines up to $14,000.
  • Ignition Interlock: Mandatory for extended periods to regain any driving privileges.

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Defenses 

There are several defenses that may be raised to challenge charges related to implied consent refusal under Minnesota law: 

No Lawful Arrest 

  • Defense: The officer must have lawfully arrested the driver before requesting chemical testing. If the arrest was improper or not based on probable cause, the refusal may be contested. 

Involuntary Refusal 

  • Defense: If the driver was unable to consent to the test due to physical or medical reasons, this could serve as a defense. 

Confusion or Lack of Understanding 

  • Defense: If the driver was confused about the consequences of refusal or did not understand the implied consent advisory (which the officer is required to read), this could potentially challenge the charges. 

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Additional Resources: 

  • Minnesota Statute 169A.51: This statute outlines Minnesota’s implied consent law and the penalties for refusal to submit to testing. 
  • DWI-EZ Brochure: The Minnesota Department of Public Safety provides information about DWI laws in this brochure.  

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Contact a Minnesota Criminal Defense Lawyer 

If you have been charged under Minnesota’s implied consent law, it’s important to seek legal assistance. Contact James Blumberg at (952) 431-7758 to begin building a defense against these charges. Your future is important, and with his experience on both sides of the law, Blumberg can help you protect it. 

James Blumberg Law serves clients throughout Sibley County, Scott County, Rice County, Carver County, Dodge County, Olmsted County, and Steele County.  

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