Implied Consent in Minnesota
St. Paul & Minneapolis DWI Lawyers
Implied consent is a Minnesota law stating that, in the operation of a car, commercial truck or any other type of motor vehicle, it is assumed that the driver consents to possible chemical tests that measure breath, blood or urine samples to determine the level of alcohol or drugs in a person's system.
If you have been charged with a crime and Minnesota implied consent laws played a role in your arrest, speak with a St. Paul criminal defense attorney at your earliest convenience to discuss your situation. If you refuse the alcohol test, you will face serious repercussions, including the revocation of your license, fines and other penalties, as if you were found guilty of DWI.
Probable Cause and Implied Consent
Implied consent is associated with traffic stops where law enforcement officers develop suspicions that the driver is under the influence of drugs or alcohol. Officers must establish probable cause before requesting implied consent BAC tests. This is done through observing traffic violations that may indicate DUI, conversing with drivers, conducting field sobriety tests and more.
When officers have probable cause to believe that a driver is under the influence of alcohol or drugs, they may place the suspect under arrest. Before initiating the procedure for a blood alcohol test, a required implied consent advisory must be read to the suspect explaining that the test is required by law, that it is illegal to refuse, that the suspect has the right to consult an attorney within a logical time frame, and that an official refusal will be recorded if delays consume too much time.
Identifying Implied Consent Traps in the Twin Cities
Mohammad, Schiks and Jaafar, P.A. focuses on building an ever-increasing reputation throughout the St. Paul area for legal defense of clients where implied consent laws played a role in the charges and arrest of a suspect. Our firm is comprised of an expert legal staff that is passionate about the need to protect the accused from unjust treatment in the legal process, including the failure of a law enforcement officer to follow proper procedures when utilizing implied consent to make an arrest or administer a blood alcohol test.
We work hard to make sure our clients receive the highest level of support available and we will fight to defend you in any DWI legal problem involving implied consent, a breath or blood test refusal and the subsequent legal problems. Contact Mohammad, Schiks and Jaafar, P.A. for help with your blood or breath test refusal case.