The Minnesota Implied Consent Law lays out strict procedures that police must follow in order to request a BAC (blood alcohol content) test from a driver suspected of DUI/DWI. Driving on the public roadways is a privilege as opposed to a constitutional right. To maintain a driver’s license you basically consent to submit to a BAC test if a law enforcement officer has probable cause to suspect that you are under the influence of alcohol. If you refuse to take a BAC test (Breath Test) when asked, then the Minnesota Implied Consent Law is applied.
When a police officer has probable cause to suspect you of DUI or DWI, he or she will arrest you and read to you the Minnesota Implied Consent Advisory. This advisory basically informs you that you have an obligation under Minnesota Law to submit to a blood alcohol test, that refusing to take the test is a crime, and that you have a right to contact an attorney before you take the test.
At that point, you are obligated to submit to a breath, blood or urine test. If you fail to submit to testing you can be cited for the additional crime of Minnesota DUI / DWI test refusal. Under the Implied Consent Law, refusal can be based on verbal responses from you, written refusal or by conduct.
Conduct refusals to take the test can be based on belligerent behavior, failure to blow into the mouthpiece of the breath test machine as instructed, failure to provide to adequate breath samples, putting breath mints or mouthwash in your mouth prior to taking the test, by silence or even by ignoring the officer’s instructions.
Once you refuse to take the test, the officer is not required to offer it to you again but they may do so if the new consent is timely (immediate) and does not unreasonably delay the testing procedure.
The most common impact of test refusal under the Implied Consent Law is that you will lose your driving privileges for 12 months. If you have any questions about the Minnesota Implied Consent Law or have been arrested for DUI / DWI, contact the Scott Lewis Law Office immediately.