Ramsay Law Firm PLLC Articles The Implied Consent Law and You

The Implied Consent Law and You

By Ramsay Law Firm  Jul. 26, 2011 10:16a

The state of Minnesota imposes some of the harshest consequences for chemical test refusal, as compared to other states. Although you have a right to refuse to a chemical test, a refusal will result in serious consequences. Under Minnesota DWI Statutes, a first offense “refusal to take a chemical test” is charged as a gross misdemeanor offense, which carries far more penalties than a standard DWI offense.

If you refuse to submit to a chemical test when a police officer suspects you are driving under the influence of alcohol and/or drugs, then the refusal will rapidly be reported to the Minnesota Department of Public Safety and your driving privileges will be automatically revoked for one year. Even if you were not driving under the influence of alcohol or drugs, refusing to a chemical test will result in misdemeanor charges and a license revocation for twelve months. If you refused a chemical test, you are urged to contact a Minneapolis DWI attorney.

Types of Chemical Tests

If a police officer suspects that you are driving under the influence of alcohol, or a controlled substance, he or she will ask you to submit to a chemical test. In most cases you will be asked to breathe into a breathalyzer; however you may also be asked to submit to a blood or urine test. You will most likely be asked to submit to a breath or blood test, for they are the most common forms of chemical tests used in connection with DWI stops. Blood and urine testing can be performed after a breath test when the police officer has probable cause to believe that your are under the influence of a controlled substance or some other hazardous substance that cannot be detected in breath testing.

Minneapolis DWI Lawyer

Every person has a right to legal representation when they are facing criminal charges. If you refused to submit to a chemical test, you are facing license revocation and a mark on your criminal record. The consequences of a criminal conviction are long-lasting and require a seasoned Minneapolis DWI attorney from the Ramsay Law Firm, PLLC. With our investigative tools, we may be able to help you reach a resolution to the charges against you.

Contact a Minneapolis DWI lawyer from our firm immediately following a chemical test refusal in order to protect your legal rights.

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