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Implied Consent Laws and Drunk Driving
Few drivers are aware that, by law, they consented to chemical testing of their blood, breath or urine simply by operating a motor vehicle in Minnesota.
If an officer has probable cause to believe you were driving while impaired, that officer can direct which type of test you take. If you refuse, you are committing a crime based on the “implied consent” you gave by driving.
Implied consent laws can have a substantial impact on how your case is resolved.
I am attorney Murad Mohammad. I have more than a decade of experience helping Minnesota clients navigate the criminal justice system. I have handled countless cases involving people who violated implied consent law by refusing breathalyzer, blood or urine tests. My experience as a criminal defense attorney allows me to protect your rights after a DWI arrest.
Penalties for Refusing Chemical Testing
The officer requesting your test must inform you that the test is require by law. He or she must also inform you that you have the right to speak to a lawyer. You should exercise that right, because the decision to refuse a sobriety test has serious consequences. Bear in mind that you cannot be forced to take the test unless you were in an accident involving serious injury or death, or you are unconscious when the test is to be administered.
If you refuse to take the test, your driver’s license will be suspended for a minimum of one year. If you have prior DWI convictions, the suspension will be longer. Refusing the test is also no guarantee that you won’t be convicted for driving while intoxicated. Your refusal can be used against you in a DWI prosecution.
Should You Refuse the Test?
There is no hard-and-fast rule about whether or not to refuse a chemical sobriety test. Refusal means your license will likely be suspended, possibly for years. Conviction for a misdemeanor, first-time DWI could see your license suspended for as little as 90 days. It is a crime to refuse the test if the officer is found to have probable cause. That means, even if you are sober and driving legally, you could be punished just for refusing the test. The best thing to do is to contact an experienced DWI attorney and discuss your options as soon as possible.
Contact Me for a Free, Confidential Consultation
Call me at 651.283.5324 or contact me online to get started on your defense. If you refused the breath, blood or urine test, we can discuss your options and make sure your rights are protected.