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Minnesota Implied Consent Attorneys & Lawyers
Minnesota laws related to blood alcohol test refusals (Minnesota's implied consent law) are among the toughest in the country. If a person refuses to submit to a test, then no blood alcohol test will be given by the police. However, the peace officer will report the refusal to the commissioner and the authority having responsibility for prosecution of impaired driving offenses for the jurisdiction in which the acts occurred.
Call us today at 763.323.6555 or contact us by e-mail to schedule a free consultation. Protect your rights if you've been charged with test refusal.
Upon certification by the officer that there existed probable cause to believe the person had been driving, operating, or in physical control of a motor vehicle in violation of Minnesota's driving while impaired statute, and that the person refused to submit to a test, the commissioner shall revoke the person's license or permit to drive, or nonresident operating privilege, for a period of one year.
Gross Misdemeanor Charge
Refusal to test cases are more serious then fourth degree DWI cases. The legislature has deemed the conduct for these offenses involves a gross misdemeanor charge. When drivers refuse, the police officer can’t gather the evidence needed to support a DWI charge. The legislature mandates a minimum of 30 days in jail if you are convicted of a third degree offense. You may also have your license plates impounded and be subjected to restricted plates.
Reasonableness of Refusal
Refusal cases are far more difficult to win unless it can be shown that the refusal was reasonable. There are many instances when that may occur including a physical inability to comply or for other reasons related to the way the test was offered. However, in most cases, it is probably better to submit to testing.
Implied Consent Hearings
If the person whose license is being revoked wants to fight the revocation on legal grounds, he has the right to request a hearing before a judge called an implied consent hearing. This hearing is separate from the criminal court case. It is optional, and it is only held if the revoked driver requests it.
Involuntary Blood Testing
If a peace officer has probable cause to believe that the person has committed the crime of criminal vehicular homicide and injury, a blood alcohol test may be required and obtained despite the person's refusal.
Right to Counsel
The Minnesota Supreme Court had held that a driver has the right to consult with an attorney prior to determining whether they will submit to blood alcohol testing under Minnesota’s implied consent statute. This right to counsel is available upon request once a driver is read the implied consent advisory.
Contact Us for a Free Consultation
If you face an implied consent violation or refused to take an alcohol test, we know you have many unanswered questions. The sooner you involve an experienced defense attorney, the better able we will be to gather evidence and address other important elements of your case. Contact our Minnesota DWI defense firm now at 763.323.6555 to schedule a free consultation with one of our lawyers.
Client Testimonial: "My husband and I would highly recommend the Brown Law Offices. From the initial consultation to the final hearing, Jason and his team were communicative, professional and trustworthy. We felt very comfortable at every step of the case and our options were clearly explained in terms we could understand." - Lynda D., Rogers, Minnesota
Serving Clients Statewide
Our Minnesota test refusal defense lawyers represent clients throughout Minnesota, including the Twin Cities of Minneapolis and St. Paul, Duluth, Rochester, Mankato, St. Cloud, Moorhead, Apple Valley, Blaine, Bloomington, Brooklyn Park, Burnsville, Coon Rapids, Eagan, Eden Prairie, Edina, Lakeville, Maple Grove, Maplewood, Minnetonka, Plymouth, Richfield, Roseville and Woodbury.
Contact the Brown Law Offices, P.A. by e-mail or call 763.323.6555 to schedule a free consultation with an experienced Minneapolis, Minnesota, test refusal lawyer.
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