Implied Consent Laws

Minnesota Implied Consent Laws Regarding Test Refusal

Minnesota implied consent laws are among the most stringent laws in the country. While an accused has a right to refuse the test offered by the police officer, the refusal comes with serious penalties. The refusal is reported to the Minnesota Department of Public Safety and the Motorist’ s driving privileges are revoked for one year for a first offense. In other words, regardless of whether a motorist is driving while under the influence of alcohol, the mere act of refusing of a chemical test revokes a motorist’ s driving privileges for one year.

Criminal Gross Misdemeanor Offense

Under Minnesota DWI Statutes, a first offense “refusal to take a chemical test” is a gross misdemeanor offense which for all practical purposes carries four times the penalties of a standard first time DWI offense.

Possible Defenses

While it is highly recommended that one should agree to take the chemical test offered by the police officer, various defenses such as physical inability, reasonable refusal and other medical reasons may be successful. The Minnesota DWI Attorneys at Caplan & Tamburino Law Firm, P.A. have successfully acquitted clients of Refusing a Chemical Test at implied consent hearings, contested omnibus hearings and jury trials.

Minnesota Implied Consent Hearing

The DWI laws in Minnesota allow an accused to challenge the revocation of driving privileges on various grounds. If filed within 30 days of the date of the offense, the accused can petition for judicial review. Such a case is called an implied consent hearing. This trial is civil and quite different from a criminal court case. It is undertaken only at the written request of a revoked driver. The implied consent petition must be filed correctly and list the issues to be challenged at the hearing. If not filed properly, the accused has no right to a hearing.

Hire the Right Lawyer

If you find yourself arrested for a DWI offense, it is imperative to contact Caplan & Tamburino Law Firm for assistance as the knowledgeable and experienced attorneys at Caplan & Tamburino Law Firm can help you with the best possible advice given your unique situation. It is best to contact a Minnesota DWI Lawyer at Caplan & Tamburino Law Firm before answering any questions by the police officer as this will allow the attorney to best address the crucial elements of your specific case. Call  the Minneapolis Criminal Defense Lawyers now at 612-564-4372 .