Implied consent is one of Minnesota’s most controversial laws and one that each DWI attorney Minneapolis clients have sought for help has had to contend with. This is a law that has been challenged in the State Supreme Court a number of times and several opinions have been written about the possible need for a warrant before a person submits to invasive testing, such as urine or blood testing.
As it stands, the state law does say that a person is required to submit to sobriety testing if they wish to retain their driver’s license. Field sobriety testing is the motor skills tests that are performed before a person submits to chemical testing. Before this testing is administered, the officer must read the Minnesota Implied Consent Advisory to the suspect. This advisory tells the driver of his or her rights and the laws that involve the testing that they are or aren’t about to undergo.
Protecting Your Rights
You can call your Minneapolis DUI attorney for advice before submitting to testing. In order to keep your license from being immediately revoked, your attorney will most likely advise you to go ahead with the testing and then matters can be handled from there.
When the Minnesota Implied Consent Advisory is read to you, it instructs you that Minnesota law requires the testing to be done in order to determine whether or not the driver is under the influence of alcohol or drugs while driving a motor vehicle. It states that there are penalties for refusing to take the test.
When you contact your attorney, it is important to do so immediately. You cannot tell the officer that he or she needs to wait because they are required to submit the chemical testing within two hours of the time they pulled you over. If they are told to wait and that chemical testing is not submitted, then that could be viewed as test refusal and that is another criminal charge and one that can aggravate the DWI charge.
Effective Defense Against Implied Consent
If you refuse testing, then the additional charges can be brought. However, an officer is required to inform you of your rights. If they do not, then this is a fact that can be used in your case in your favor. Because you will be working with a DUI lawyer Minneapolis clients have trusted for many years with their futures, every detail about your arrest and the testing will be scrutinized to find elements that will work in your favor so that the chances of you having a positive outcome increase exponentially.
Contact A Minneapolis Implied Consent Lawyer
Being accused of DWI makes for a very confusing time, as it is considered a very serious offense in Minnesota. If you are accused of DUI and/or refusing to take field sobriety or chemical testing, it is important to call an experienced criminal attorney Minneapolis DUI suspects have turned to for reliable and skillful representation. The moment you are suspected or charged of DUI, call the Law Office of Mark Herman 24/7 at 612-382-4545 for a free consultation. With effective and aggressive representation by your side, it is possible to beat the odds.
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