The Implied Consent Law states that, “Any person who drives, operates, or is in physical control of a motor vehicle within this state or on any boundary water of this state consents … to a chemical test of that person’s blood, breath, or urine for the purpose of determining the presence of alcohol, a controlled substance or its metabolite, or an intoxicating substance.” In other words, if you drive, operate or physically control a motor vehicle anywhere within the state, your action means you have “impliedly consented” to testing if arrested for a DWI.
Every State in the U. S. has an Implied Consent law and the Minnesota version of the Implied Consent Law can be found in Minnesota Statutes §169A.50-§169A.53.
The Minnesota Implied Consent Law requires that the test be administered at the direction of a peace officer and the officer must have probable cause to believe the person to be tested is under the influence and:
(1) The person has been arrested for DWI, or;
(2) The person was involved in an accident involving property damage, injury or death, or;
(3) The person refused a preliminary breath test (PBT) at the scene of the stop, or;
(4) The PBT was given and the test result was a .08% alcohol concentration level or more.
If the individual was driving, operating or controlling a commercial vehicle at the time of the stop, the test may be administered if the officer has probable cause to believe the test will detect the “presence” of alcohol.
The Implied Consent Law states that anyone who tests at or above the legal limit of .08% alcohol concentration level or anyone who has an illegal controlled substance in their blood or urine or anyone who refuses testing, will suffer the loss of their driving privileges in Minnesota. Click here to learn more about the DWI license revocation penalties.
If you or a loved one have been arrested for a Minnesota DWI, contact Minneapolis DWI Super Lawyer F. T. Sessoms at (612) 344-1505 today for answers to all of your Minnesota DWI questions.