Aiden Belville
1 month ago
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Implied consent is a statutory provision related to driving under the influence. It stipulates that all residents of the state, with a driver’s license and driving on public roads, consent to breath, chemical, and blood testing if stopped by the authorities to check for intoxicating substances. That includes alcohol, cannabis, and other controlled substances.
Giving consent is a condition of receiving a driver’s license and aims to prevent drunk driving and the number of crashes it contributes to yearly. Contact a DUI defense attorney if you have questions about the role of implied consent in Bloomington DUI cases or need assistance with your case.
Understanding implied consent in Bloomington DUI cases and the law in general is crucial for all drivers.
It authorizes police officers to conduct testing if they have probable cause. It applies to stops and accidents when they suspect alcohol or drugs are involved. Refusing to submit to testing initiates a separate civil administrative process for license suspension or revocation, which runs in parallel to the criminal DUI prosecution.
The criminal case focuses on penalties, such as fines, jail terms, or probation, for impairment, and the consent process relates to driving privileges. The Minnesota Department of Public Safety (DPS) handles the civil process, while the Criminal Court handles the criminal trial.
Refusing to submit to a breathalyzer or any other form of chemical testing is a misdemeanor that triggers an automatic license suspension by the DPS, typically for one year for the first offense. The time increases for repeated violations, resulting in a lifetime revocation of the person’s driver’s license.
Individuals are also subject to additional penalties, including up to $1,000 in fines, mandatory alcohol assessment and potential treatment, installation of an ignition interlock device, and up to 30 days in jail. The state may also use the refusal as evidence in the criminal trial to establish guilt.
A blood alcohol content of 0.08 percent or higher automatically results in a 90-day license suspension for a first offense, increasing to one year for a second offense if it occurs within 10 years. The penalties for the refusal to blow into a breathalyzer or submit to other testing apply, even if the court drops or reduces the criminal charges.
There are protections in place for motorists charged with drunk driving or after the loss of a driver’s license because of test refusal. State police officers must inform drivers of the requirement to test, the penalties for refusing, and their right to consult with an attorney.
Motorists may also request an independent chemical test by a qualified agency of their choice and expense. If denied by an officer, it could exclude the results from the state’s evidence against them.
The law also allows individuals to challenge the license revocation. The individual must petition for an implied consent hearing within 30 days.
Defense arguments may include:
A knowledgeable lawyer could answer specific questions about Bloomington DUI cases and the role of implied consent and help determine the most effective way to overcome the charges.
Knowing the role of implied consent in Bloomington DUI cases is crucial for preparing your defense after an arrest. While there are mandatory penalties that apply even if the court drops or reduces criminal charges, there are still options for challenging those penalties.
Our hard-working and experienced lawyers could review your case, strategize your defense, and advocate for the best possible outcome. Call us to schedule an appointment.
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