Refusing a DUI Test in Minnesota Can Cost You Your License

Minnesota DUIThere are many state by state differences when it comes to DUI laws. Recent updates to DUI laws in some states have created even more variations.

Did you know that refusing a DUI test in Minnesota can cost you your drivers’ license? The attorneys at O’Keeffe O’Brien Lyson Foss are here to further inform you about the details of Minnesota DUI laws.

Minnesota has an Implied Consent Law

Minnesota’s Implied Consent law states that any driver arrested for driving under the influence of alcohol or drugs must take a chemical test (blood, urine or breathalyzer) to determine level of intoxication. If a driver refuses to take a chemical test, they will automatically lose their license for one year.

Is this Law Constitutional?

As of now the Courts are saying the implied consent law is constitutional. In a recent court decision in Minnesota, the Court stated that every licensed driver automatically consents to a chemical test the minute they get behind the wheel of a vehicle. Therefore, the request for a chemical test is not an unwarranted or unconstitutional search rather than a mandatory request from an officer.

Will an Officer Inform the Driver about this Law?

It is required that an officer informs the driver that it is illegal to refuse a chemical test. If the driver is not informed that refusing the test is illegal, they cannot be charged with the crime. Also, the officer must inform the driver of their right to attorney in that time.

If you find yourself in need of a DUI attorney, don’t hesitate to contact one of our experienced attorneys at O’Keeffe O’Brien Lyson Foss. To learn more about O’Keeffe O’Brien Lyson Foss, explore our website.

Image courtesy of dwightsghost/Flickr

 

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