DWI/DUI and Implied Consent

Minnesota DWI Lawyer

Implied consent is a law in Minnesota that has brought about a lot of controversy in recent years, as it has been challenged at the State Supreme Court level more than once and that has resulted in opinions being written about the law. The varying opinions and the challenges have made the law quite confusing, which is why there are so many questions surrounding it. Some municipalities have decided to obtain warrants before obtaining blood or urine samples to prove intoxication. Other municipalities have made the decision to continue with the practice as it has been throughout the years.

Nonetheless, Minnesota law says that an individual suspected of DWI/DUI is required to submit to alcohol testing if they wish to retain their driving privileges (if they are not charged/convicted of DWI). Even if a person has not been drinking and they fail to submit to testing after being suspected of intoxication, they can still be charged with a crime.

Effective Legal Guidance

If you or a loved one has been charged with DWI/DUI and/or an implied consent violation, it is very important to speak with a Waconia DWI attorney as soon as possible. In fact, it is best to call for legal advice before submitting to testing so that the right advice can be given. Because not submitting to testing is a violation of the law, an attorney will never advise you to break the law. However, understanding what can be done after the possible arrest and the fact that the test results can be challenged are just some of the pieces of information that you can receive when consulting with your attorney.

Aggressive Defense Against Implied Consent Violations

Refusing to take the test results in charges that are separate from the DWI charge, but the refusal enhances the DWI charge, which means the penalties are enhanced as well. One of the first steps is for the attorney to determine whether or not the arresting officer violated any aspect of the arrest procedure. If so, then the outcome to the case can be much better. There are different defense strategies that your Minnesota DWI attorney can use in your case to secure the best outcome.

However, your DWI and implied consent cases may need to be pursued separately. Even if you are not convicted of DWI, the implied consent case continues because of the test refusal. That means you will need aggressive and strategic representation against this charge as well so that the best result can be obtained.

Contact A Shakopee DWI Lawyer

DWI/DUI is a serious offense and it is one that can become more serious if blood alcohol testing is refused. Implied consent is a sensitive area in that a person can refuse testing, but doing so is illegal and can result in separate criminal charges. If you or a loved one has been charged with DWI and/or a violation of implied consent, it is important to consult with an experienced DWI/DUI attorney as soon as possible. To learn more about how Langemo Law can help you, call 952-556-0056 for a free consultation.