What Does Implied Consent Mean Under DWI Minnesota Law?

Minnesota has a vigilant approach to enforcementAlcohol Content greater than the legal limit.
of DUI or DWI laws. In Minnesota, the legal limitIn most DWI Minneapolis cases, it's better to
for blood alcohol concentration is .08%. If youragree to the testing than to refuse to comply. It's
blood alcohol concentration is greater than .08%,certainly understandable to wait to take test at
you will be charged with a drunk driving offense.the police station. However, once at the police
DWI Minnesota law states that there is an "impliedstation, agreeing to comply with the testing
consent" if you are driving. This means that if youprocedures may help you DUI/DWI defense in
choose to drive any motor vehicle (includingthe long run.
boats) you consent to a test to determineThere are a number of factors that may be used
whether your blood, breath, or urine has thein your defense of DWI Minnesota charges. Your
presence of alcohol.defense begins by examining the original traffic
This implied consent means that if you are pulledstop. Was there reasonable suspicion for the
over by a police officer, there is an impliedtraffic stop? If not, the stop and the ticket may
consent or an implied agreement to participate inbe invalid.
some form of blood alcohol content testing. DoesYour defense will also include examining the
this mean that you have to automatically agreearresting process and the charges. Simple field
to blood alcohol testing? Well, not exactly.sobriety tests are not conclusive and can be
To begin with, you can always refuse to take achallenged. Whether or not you were told of your
roadside test. However, that does not mean youright to an attorney is another factor that could
can refuse to participate in a test if arrested orweigh in your DWI Minneapolis defense.
brought to the police station. While you will notOf course, almost all of the defenses will be far
physically be forced to comply with the test,more difficult to argue if you refused to comply
refusal will result in immediate revocation of yourwith the original testing procedures. While it may
driving privileges.seem like you are going to get into more trouble
Refusing to comply with the testing proceduresby taking the test, the opposite is true. Agreeing
will result in greater consequences than agreeing(implied consent) to take the test gives you
to comply with the test. You will not only havegreater ability to contest and defend yourself
your driving license suspended, you face greateragainst your arrest.
penalties than you would if you tested with Blood