Minnesota DUI Attorneys & Lawyers

“Implied consent” means that you have performed some action that implies that you are consenting to something. In the case of field sobriety tests in Minnesota, it is said that you implied consent when you obtained your driver’s license to have sobriety tests performed if you are arrested for suspected drunk driving. If you refuse to take these tests, although voluntary, you have actually violated the law again.

Not submitting to testing will result in immediate revocation of your license. The police officer can fill out the appropriate form, which is the Notice and Order of Revocation form, and then hands a copy of it to you. The other copy is sent to the Department of Public Safety in St. Paul. The revocation goes into effect right away, with a temporary grace period of 7 days, if your license was valid when arrested. There is no investigation into what is factual and what is not and no questions are asked. It is assumed that the police officer had a legal reason to revoke the license and that all proper procedures were followed – arrest, booking, and testing.

Fighting License Revocation

If you decide that you want to fight revocation, you have the right to what is called an “Implied Consent Hearing” before a judge. This is a hearing that is separate from any criminal case that you may be facing due to a possible DWI and the revocation of your license. Unfortunately, the burden is completely on you to fight the revocation. If you do not submit a formal written request for an Implied Consent Hearing, then one will not be held. This written request must be submitted and filed within 30 days of the arrest.

Refusing Field Sobriety Tests

Although it is said that field sobriety tests in Minnesota are voluntary, it is a crime to refuse the post-arrest testing, and that results also in license revocation, even if you are not convicted of a DWI. The reason why this results in license revocation is because the state views your obtaining a driver’s license as your way of giving law enforcement permission to test you for alcohol consumption over the legal limit.

Revocation of your license occurs if you refuse testing or you fail testing, after being arrested. If you’re caught driving without a license, then you will face even stiffer penalties.

Worse yet, the revocation of a license is treated like a prior conviction for enhancing any future DWIs to higher degrees and more jail and fines, even if you win the criminal DWI case. You MUST fight the revocation! Contact a drunk driving defense lawyer today.

DWI Lawyers & Defense Attorneys Minneapolis

If you or someone you know has been arrested with a DWI charge, it is important to speak to a skilled DWI defense lawyer who can handle your situation with the utmost experience and dedication. Our DWI attorneys will thoroughly investigate your case and handle all court appearances to guide you through the criminal justice system. Protect your rights. If you have questions regarding your DWI charges contact our attorneys for a free consultation at (952) 797-7464.

Our Minnesota DWI defense lawyers represent clients throughout Hennepin County, Ramsey County, Anoka County, Scott County, Washington County, Sherburne County, and beyond. We represent clients throughout the Twin Cities including Minneapolis, St Paul, Anoka, Andover, Blaine, Brooklyn Park, Brooklyn Center, Burnsville, Bloomington, Coon Rapids, Champlin, Eagan, Eden Prairie, Edina, Maplegrove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville, White Bear Lake and Woodbury.

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